1. No category

Basic Manual on the Detection
And Investigation of the
Laundering of Crime Proceeds
Using Virtual Currencies
June 2014
The designations employed and the presentation of the material in this publication do not imply the
expression of any opinion whatsoever on the part of the Secretariat of the United Nations concerning the
legal status of any country, territory, city or area, or of its authorities, or concerning the delimitation of its
frontiers or boundaries. Countries and areas are referred to by the names that were in official use at the
time the relevant data were collected.
  
Any trademarks used throughout this manual are the property of their respective owners.
  
This publication was produced with the financial support of the U.S. Department of State, Bureau for
International Narcotics and Law Enforcement Affairs. Opinions, conclusions and recommendations
expressed in the publication belong to the author(s) and do not necessarily reflect the view of the
Department of State.
  
This publication has not been formally edited. Cover photo: Antoaneta Petrova.
1
1 Introduction
As a custodian of the UN Convention against Illicit Traffic in Narcotic Drugs and
Psychotropic Substances, the UN Convention against Transnational Organized
Crime and the UN Convention against Corruption, UNODC possesses significant
comparative advantages for delivering assistance in the anti money-laundering
and asset forfeiture areas. The UNODC mandate in these areas was
strengthened by ECOSOC resolution 2004/29, which specifically states that
UNODC should “continue its work against money-laundering, subject to
the availability of extra budgetary resources and in cooperation with
relevant regional and international organizations participating in activities
designed to give effect to applicable international instruments and relevant
standards for combating money-laundering, through the provision to
Member States, upon request, of training, advisory assistance and long term
technical assistance”.
In 2012, at the request of the GUAM Secretariat, and with the financial support
of the Bureau for International Law Enforcement and Narcotics Affairs of the
US Department of State, the UNODC Regional Office for Central Asia launched
the project “Strengthening capacities of the GUAM Member States to cooperate
at the national and regional levels in combating money-laundering as well as in
seizing and confiscating crime proceeds”. The project seeks to promote a
regional approach to counter money-laundering in the GUAM Member States
(Georgia, Ukraine, Azerbaijan and Moldova) and, at the same time, to
strengthen inter-agency cooperation of these States at the national levels.
The purpose of this manual, which has been drafted in the framework of the
above mentioned project, is to provide practical information for investigators
and prosecutors on the detection, investigation, prosecution and seizure of
crime proceeds laundered through the use of virtual currencies.
2
2 Acknowledgements
The authors would like to thank all of those who provided input, advice and
feedback on the content of the manual.
The manual has been drafted under the technical guidance of the UNODC Global
Programme against Money Laundering, Proceeds of Crime and the Financing of
Terrorism (GPML) and Global Programme on Cybercrime.
Expert contributions were provided by the UNODC consultants Messrs. David
O’Reilly, Giorgi Jokhadze and Yevheniy Umanets.
Contributions were also provided by representatives from the GUAM states.
3
3 Table of Contents
Module 1: Introduction to Virtual Currencies ……………………………………………… 5
Module 2: The Challenges Presented by Virtual Currencies ….…………………… 40
Module 3: Detection and Investigation of Laundering Crime
Proceeds Using Virtual Currencies ……………………………………..……. 76
Module 4: Seizure of Virtual Currencies ………………………………………….……… 137
Annex 1: Bibliography ……………………………………………………………………….…… 162
Annex 2: Glossary …………………………………………………………………………..………. 171
Annex 3: Examples and Analysis Pertaining to the GUAM Countries …………. 179
Annex 4: List of Designated Agencies in the GUAM Countries ……………...……. 191
Annex 5: Samples Answers to Self-Assessment Questions ………………...……… 205
4
5
Basic Manual on the Detection
And Investigation of the
Laundering of Crime Proceeds
Using Virtual Currencies
Module 1
Introduction to Virtual Currencies
Module 1 : Introduction to Virtual Currencies
6
1 Summary
The purpose of this module is to provide a general overview of the history and
concepts of electronic money and virtual currencies. The information contained
in this module is important background material that forms the basis and
context for the modules that follow.
To understand the genesis of virtual currencies, a brief history of virtual
currencies is provided, including some of the most famous examples of virtual
currencies and virtual currency exchanges. This is followed by definitions of the
key terms that will be used throughout these modules, as well as relevant legal
definitions. Providing clear definitions helps to refine the scope of the
discussion, as well as preventing miscommunication and confusion. A
description of some of the more common types of electronic money and virtual
currencies is then provided, including a categorisation model for virtual
currencies.
It is very important from an investigative point of view to understand the
interfaces between electronic money, virtual currencies and the traditional
financial system. Some of the most common interfaces are discussed and finally,
the current state of legal regulation of virtual currencies is provided. Several
case studies of virtual currencies are included, with particular attention paid to
the Bitcoin network, considering its topical nature and the particular challenges
raised by this technology.
2 Learning Objectives
By the end of this module you will:

Know the key terms in the area of electronic money and virtual
currencies.

Be aware of the main types of electronic money and virtual currencies.

Understand the interface between virtual currencies and the traditional
financial system.

Know the current state of legal regulation of electronic money and
virtual currencies.

Know what bitcoins are and how they work, as an example of a
cryptocurrency.
Module 1 : Introduction to Virtual Currencies
7
3 History of Virtual Currencies
Virtual currencies are not a new concept, with multiple virtual currencies
having come and gone over the past decade. This section provides a brief
summary of some of the most famous virtual currencies and currency exchanges.
One of the first popular virtual currencies was E-Gold. First established in 19961,
E-Gold allowed users to open an account with a value denominated in grams of
gold (or other precious metals) and the ability to make instant transfers of value
to other E-Gold accounts. It was reported that in 2005 E-Gold had 2.5 million
account holders, performing daily transactions with a typical value of US$6.3
million. In 2007, E-Gold was indicted by a grand jury in the US, accusing the
company of money-laundering, conspiracy and operating an unlicensed money
transmitting business, ultimately leading to the shut down of E-Gold by the US
courts 2 , 3 . E-Gold spawned a range of imitators such as e-Bullion.com,
Pecunix.com and others.
In 1998, WebMoney was established and continues to experience significant
growth, with almost 25 million users at the time of writing4. The WebMoney
system is based on providing its users with the ability to control individual
property rights for valuables (assets) stored by other participants of the system
(known as Guarantors)5.
Liberty Reserve, established in 2006, and operating until 2013, allowed users to
register and transfer money to other users with only a name, email address and
date of birth. No efforts were made to verify the identities of its users. In 2013
the US Department of Justice charged Liberty Reserve with operating an
unregistered money transmitter business and money-laundering for facilitating
the movement of more than $6 billion in illicit proceeds6.
“Feds accuse E-Gold of helping cybercrooks”, NBC News, May 2007. (Source:
http://redtape.nbcnews.com/_news/2007/05/02/6346006-feds-accuse-e-gold-of-helpingcybercrooks)
2 “Internet currency firm pleads guilty to money laundering”, The Industry Standard, July
2008. (Source:
http://web.archive.org/web/20090414185759/http://www.thestandard.com/news/2008/0
7/22/internet-currency-firm-pleads-guilty-money-laundering)
3 http://en.wikipedia.org/wiki/E-gold
4 http://www.wmtransfer.com/eng/about/statistics/index.shtml, WebMoney statistics
retrieved April 2014.
5 http://en.wikipedia.org/wiki/WebMoney
6 “’Black Market Bank’ Accused of Laundering $6B in Criminal Proceeds”, ABC News, May
2013. (Source: http://abcnews.go.com/US/black-market-bank-accused-laundering-6bcriminal-proceeds/story?id=19275887)
1
Module 1 : Introduction to Virtual Currencies
8
Bitcoin is a decentralised, peer-to-peer payment network that is powered by its
users with no central authority or middlemen. Satoshi Nakamoto published the
first Bitcoin specification and proof of concept to a cryptography mailing list in
20097. Since that time, the value of bitcoins has fluctuated wildly, ranging from
approximately US$0.30 in 2011 to US$1135 in 20138. The operation of the
Bitcoin network is discussed in detail in the Bitcoin case study below.
7
8
https://bitcoin.org/en/faq
http://bitcoincharts.com/
Module 1 : Introduction to Virtual Currencies
9
4 Definition of Terms
The definition of terms is important to prevent duplication of effort and
unintended confusion. This is particularly relevant in the area of virtual
currencies where numerous related definitions exist for commonly used terms
such as electronic money 9 , virtual currency 10 , 11 , 12 , 13 , 14 , 15 and
cryptocurrency16. These definitions, sometimes overlapping or inconsistent,
vary in both substance and focus. Indeed, whether virtual and electronic
currencies meet the definition of a currency or should be considered as a
commodity is also currently under debate17, 18, 19.
For the purposes of this document, the definitions of terms and classification of
virtual currencies proposed by the FATF will be used20. These definitions are
provided in the following sections.
4.1 FATF Definitions
4.1.1 Virtual Currency
“A virtual currency is a digital representation of value that can be digitally traded
and functions as (1) a medium of exchange; (2) a unit of account; and/or (3) a
store of value, but does not have legal tender status in any jurisdiction.”
9
http://ec.europa.eu/internal_market/payments/emoney/index_en.htm
http://en.wikipedia.org/wiki/Virtual_currency
11 “Guidance: Application of FinCEN’s Regulations to Persons Administering, Exchanging,
or Using Virtual Currencies”, FinCEN Guidance note FIN-2013-G001, March 2013.
(Source: http://www.fincen.gov/statutes_regs/guidance/html/FIN-2013-G001.html)
12 “EBA warns consumers on virtual currencies”, European Banking Authority, December
2013. (Source: http://www.eba.europa.eu/-/eba-warns-consumers-on-virtual-currencies)
13 “Virtual Currency Schemes”, European Central Bank, October 2012. (Source:
http://www.ecb.europa.eu/pub/pdf/other/virtualcurrencyschemes201210en.pdf)
14 “Virtual Economies and Currencies – Additional IRS Guidance Could Reduce Tax
Compliance Risks”, United States Government Accountability Office, May 2013.
(Source: http://www.gao.gov/assets/660/654620.pdf)
15 “Redefining Virtual Currency”, Yankee Group, May 2013. (Source:
http://info.tapjoy.com/wpcontent/uploads/sites/4/2013/05/RedefiningVirtualCurrency_WhitePaper-1MAY2013v1.pdf)
16 http://www.investopedia.com/terms/c/cryptocurrency.asp
17 “Bitcoin Judged Commodity in Finland After Failing Money Test”, Bloomberg, Jan 2014.
(Source: http://www.bloomberg.com/news/2014-01-19/bitcoin-becomes-commodity-infinland-after-failing-currency-test.html)
18 IRS Notice 2014-21. (Source: http://www.irs.gov/pub/irs-drop/n-14-21.pdf)
19 “Bitcoin Turns Into Art as Sweden Rejects Creative Currency”, Bloomberg, Jan 2014.
(Source: http://www.bloomberg.com/news/2014-01-21/bitcoin-becomes-art-as-swedishtaxman-rejects-creative-currency.html)
20 FATF Report “Virtual Currencies – Key Definitions And Potential AML/CFT Risks”
FATF, June 2014. (Source: http://www.fatfgafi.org/topics/methodsandtrends/documents/virtual-currency-definitions-aml-cftrisk.html )
10
Module 1 : Introduction to Virtual Currencies
10
For the purposes of this definition, a “digital representation” is a representation
of something in the form of digital data. A physical object, such as a flash drive
or a bitcoin, may contain a digital representation of virtual currency, but
ultimately, the currency only functions as such if it is linked digitally, via the
Internet, to the virtual currency system.
The critical point of note in the use of the term “digital representation” is the
fact that it is the digital data itself that is the virtual currency, not the medium
on which the digital data is stored. Digital representations of virtual currency
can be moved, copied or transferred to another storage medium, but the value
of the virtual currency remains inherent in the digital representation.
Virtual currency is distinguished from fiat currency (a.k.a. “real currency”, “real
money” or “national currency”), which is the coin and paper money of a country
that is designated as its legal tender; circulates; and is customarily used and
accepted as a medium of exchange in the issuing country.
4.1.2 Electronic Money/e-money
“It [virtual currency] is distinct from e-money, which is a digital representation of
fiat currency used to electronically transfer value denominated in fiat currency. Emoney is a digital transfer mechanism for fiat currency – i.e., it electronically
transfers value that has legal tender status.”
Virtual currencies are defined as not having legal tender status in any
jurisdiction. It is possible, both hypothetically and practically, to create a digital
representation of fiat currency. This is, by definition not virtual currency, so a
different term, electronic money, is used to refer to digital representations of
fiat currency.
4.1.3 Digital Currency
“Digital currency can mean a digital representation of either virtual currency
(non-fiat) or e-money (fiat)...”
Unique challenges arise when a digital representation of value is used. Some are
specific to virtual currencies and some are specific to electronic money. In the
case of virtual currencies, for example, topics relating to the conversion of fiat
currency to virtual currency arise. These are less of an issue for electronic
money, which is already a direct representation of fiat currency.
However, it can sometimes be useful to refer to digital representations of value,
irrespective of whether the value represents legal tender in a particular
jurisdiction or not. For example, in either case the problem of “double spending”
needs to be addressed. Double spending is a situation where a digital
Module 1 : Introduction to Virtual Currencies
11
representation of value is spent more than once. Obviously this is a serious
problem in any value transfer system and is not dependent on whether the
digital data represents fiat or non-fiat currency.
The term digital currency encompasses both of the above definitions, and
provides a term by which it is possible to refer to digital representations of both
fiat and non-fiat currencies.
Module 1 : Introduction to Virtual Currencies
12
5 Classifying Virtual Currencies
The classification of virtual currencies that follows is drawn from the work of
the FATF21. They propose that virtual currencies be classified according to:
1. Whether they can be converted back and forth for fiat currency or not
(Convertible or non-convertible).
2. Whether there is a single administrating authority for the virtual
currency or not (centralised or distributed).
The definitions of these categories, and some further discussion can be found in
the following sections. Other classifications are, of course, also possible22.
5.1 Convertible vs. Non-convertible Virtual Currency
“Convertible (or open) virtual currency has an equivalent value in real currency
and can be exchanged back-and-forth for real currency. Examples include: Bitcoin;
e-Gold (defunct); Liberty Reserve (defunct); Second Life Linden Dollars; and
WebMoney.”
“Non-convertible (or closed) virtual currency is intended to be specific to a
particular virtual domain or world, such as a Massively Multiplayer Online RolePlaying Game (MMORPG) or Amazon, and under the rules governing its use,
cannot be exchanged for fiat currency. Examples include: Project Entropia
Dollars23; Q Coins; and World of Warcraft Gold.”
The first categorisation of virtual currencies is whether the virtual currency can
be exchanged back-and-forth for fiat currency. A virtual currency that can be
exchanged for fiat currency is called a “convertible” or “open” virtual currency.
A virtual currency that cannot be exchanged for fiat currency is called a “nonconvertible” or “closed” virtual currency.
As noted in the FATF report, even where a non-convertible currency is
transferrable only within a specific virtual environment, it is possible that an
unofficial, secondary black market may arise to exchange the “non-convertible”
FATF Report “Virtual Currencies – Key Definitions And Potential AML/CFT Risks”
FATF, June 2014. (Source: http://www.fatfgafi.org/topics/methodsandtrends/documents/virtual-currency-definitions-aml-cftrisk.html )
22 “Virtual Currency Schemes”, European Central Bank, October 2012. (Source:
http://www.ecb.europa.eu/pub/pdf/other/virtualcurrencyschemes201210en.pdf)
23 Notwithstanding the definition provided above by the FATF, it should be noted that Project
Entropia Dollars can, in fact, be exchanged for fiat currency and is therefore a convertible currency
(http://account.entropiauniverse.com/account/withdrawals/).
21
Module 1 : Introduction to Virtual Currencies
13
virtual currency for fiat currency or another virtual currency24. Because of this,
the categorisation of virtual currencies into convertible/non-convertible is of
limited value as a primary distinguishing characteristic for law enforcement and
investigative purposes. Instead, the categorisation of virtual currencies based on
whether they are centralised or non-centralised is more applicable. This
distinction is discussed in the next section.
5.2 Centralised vs. Non-centralised Virtual Currency
The second categorisation of virtual currencies is whether the virtual currency
has a centralised administrating authority or not. A virtual currency with a
central administrating authority is called a “centralised” virtual currency. A
virtual currency with no central administrating authority is called a
“decentralised” virtual currency.
All non-convertible virtual currencies are centralised. By definition they are
issued by a central authority that establishes rules making them nonconvertible. Convertible virtual currencies may be either centralised or
decentralised.
“Centralized Virtual Currencies have a single administrating authority
(administrator) – i.e., a third party that controls the system. An administrator
issues the currency; establishes the rules for its use; maintains a central payment
ledger; and has authority to redeem the currency (withdraw it from circulation).
The exchange rate for a convertible currency may either be floating – i.e.
determined by market supply and demand for the virtual currency – or pegged –
i.e. fixed by the administrator at a set value measured in fiat currency or another
real-world store of value, such as gold or a basket of currencies. Currently, the vast
majority of virtual currency payment transactions involve centralized virtual
currencies. Examples: E-gold (defunct); Liberty Reserve dollars/euros (defunct);
Second Life “Linden dollars”; PerfectMoney; WebMoney “WM units”; and World of
Warcraft gold.”
A third party in the context of this categorisation is an individual or entity that is
involved in a transaction but is not one of the principals and is not affiliated
with the other two participants in the transaction – i.e. a third party functions as
a neutral entity between the principals in a business or financial transaction.
“Decentralized Virtual Currencies (a.k.a. crypto-currencies) are distributed, opensource, math-based peer-to-peer virtual currencies that have no central
administrating authority, and no central monitoring or oversight. Examples:
Bitcoin; LiteCoin; and Ripple.”
24
“Virtual currency requires tough new regulations”, China View, February 2012. (Source:
http://news.xinhuanet.com/english/2007-02/12/content_5730970.htm)
Module 1 : Introduction to Virtual Currencies
14
The most topical example of a decentralised virtual currency is Bitcoin, although
there are others. Decentralised virtual currencies typically operate on the basis
of a peer-to-peer network through which transactions are managed.
Information about transfers of ownership propagates through the network in
such a way that after a short period of time, when the transactions are
confirmed, the security and integrity of the value transfer is assured.
Case Study: Linden Dollars
Second Life is an online virtual world developed by Linden Lab 25 .
Individuals interact with Second Life by installing a software application on
their PC that allows them to connect to and explore the virtual world. Within
the context of this virtual world there is an internal economy and an internal
currency, known as the Linden dollar. Linden dollars can be used to buy, sell,
rent or trade land, goods or services with other users.
By the categorisation described in Section 5, Linden dollars are a convertible,
centralised virtual currency as discussed in the following sub-sections.
Convertible Virtual Currency
Linden dollars can be purchased both in the world of Second Life and also
online at the Linden Exchange, LindX26, or at other third-party currency
exchanges.
Linden Dollars can be purchased at the Linden Exchange using a major credit
card or PayPal27. Third party currency exchanges accept other forms of
transfer such as bank transfers28 or bitcoins29, 30. Linden dollars can be
converted into other virtual currencies or fiat currencies by selling the
Linden dollars at a currency exchange.
Centralised Virtual Currency
Linden Lab defines the terms of use for Linden dollars and acts as an
administrating authority for the virtual currency. Linden Lab defines in their
25
http://secondlife.com/whatis/
http://community.secondlife.com/t5/English-Knowledge-Base/Buying-and-selling-Lindendollars/ta-p/700107
27 http://community.secondlife.com/t5/English-Knowledge-Base/Billing/tap/700037#Section_.3
28 https://www.virwox.com/help.php
29 http://www.crossworldsxchange.com/buy_L$_bitcoins.htm
30 https://en.bitcoin.it/wiki/VirWoX
26
Module 1 : Introduction to Virtual Currencies
15
terms of service that dollars have no intrinsic value as a form of currency or
other financial instrument and cannot be redeemed from Linden Lab31.
There are also a number of notable cases where policy decisions by Linden
Labs have had a significant effect on the value of Linden dollars32.
Case Study: World of Warcraft Gold
World of Warcraft is a massively multiplayer online role-playing game
(MMORPG) created by Blizzard Entertainment33. Players control a character
within the game to explore the world, fight monsters, complete quests and so
on. Players can purchase items within the game using virtual gold. Gold is
earned within the game by completing quests and in various other ways.
By the categorisation described in Section 5, World of Warcraft Gold is a
non-convertible, centralised virtual currency as discussed in the following
sub-sections.
Non-convertible Virtual Currency
Due to the fact that World of Warcraft gold being sold by third parties is
commonly stolen from compromised accounts or otherwise gained through
means that breach acceptable usage policies, Blizzard Entertainment actively
discourages users of World of Warcraft from purchasing gold from third
parties34, 35. There are programmes of user awareness as well as sanctions
for those found using third party gold. Sanctions for users purchasing gold
from third parties can include being permanently banned from World of
Warcraft36.
Despite this, there continues to be an active unofficial, secondary trade in
World of Warcraft gold37. As mentioned in Section 5.1, the fact that there is
secondary trade in World of Warcraft gold means that it becomes, de facto, a
convertible virtual currency even though it is non-convertible according to
the definitions of the FATF.
31
lindenlab.com/tos. In particular Sections 4.5 and 9.2.
http://en.wikipedia.org/wiki/Economy_of_Second_Life#Acts_of_Linden
33 http://us.battle.net/wow/en/
34 http://eu.battle.net/wow/en/shop/anti-gold/
35 http://us.battle.net/wow/en/blog/3768752
36 http://us.battle.net/en/security/theft#gold
37 http://www.wikihow.com/Safely-Buy-Gold-in-World-of-Warcraft
32
Module 1 : Introduction to Virtual Currencies
16
Centralised Virtual Currency
Blizzard Entertainment defines the terms of use for World of Warcraft gold
and act as an administrating authority for the virtual currency 38. In
particular, by agreeing to the terms of use:
“You agree that you have no right or title in or to any such content, including
without limitation the virtual goods or currency appearing or originating in
the Game, or any other attributes associated with any Account. Blizzard does
not recognize any purported transfers of virtual property executed outside of
the Game, or the purported sale, gift or trade in the “real world” of anything
that appears or originates in the Game. Accordingly, you may not sell in-game
items or currency for “real” money, or exchange those items or currency for
value outside the Game.”39
38
39
http://us.blizzard.com/en-us/company/legal/wow_tou.html
http://us.blizzard.com/en-us/company/legal/wow_tou.html (Section 8)
Module 1 : Introduction to Virtual Currencies
17
6 Interface Between Virtual Currencies and
Traditional Financial System
For the purposes of this manual, it is important to understand the interface
between virtual currencies and the traditional financial system.
As mentioned above, secondary markets for non-convertible virtual currencies
exist. The primary source of non-convertible currencies is the central
administrating authority for the particular virtual currency in question.
Secondary markets for non-convertible currencies, such as online auction sites,
may accept a wide range of funding sources, including convertible virtual
currencies.
The purpose of this section, however, is to focus on the ways in which primary
trade in convertible virtual currencies is funded. In other words, the ways in
which it is possible to convert between virtual currencies and fiat currencies,
goods, services or other representations of value.
6.1 Virtual Currency Exchanges
Convertible virtual currencies are commonly traded on virtual currency
exchanges, with different exchanges available for trading different virtual
currencies. A mix of fixed fee and percentage commission pricing structures are
used by the virtual currency exchange for their exchange services. Additional
fees may be charged for depositing and/or withdrawing funds from the virtual
exchange account. The range of available funding sources and withdrawal
destinations for virtual currency exchanges vary but some examples include:






40
Other virtual currencies40, 41, 42.
Bank transfer43, 44, 45
Money remittance provider46
Payment card47
Cash48, 49
PayPal50
https://firstmetaexchange.com/home
https://www.virwox.com/?stage=1
42 http://howtobuybitcoins.info/
43 https://www.bitstamp.net/help/how-to-buy/
44 http://portal.bitcoinschile.cl/
45 https://www.bitcoin.de/en/faq/which-payment-methods-are-available/18.html
46 https://www.coinmama.com/
47 http://btc-dealer.com/
48 http://www.tradebitcoin.com/
49 https://localbitcoins.com/
50 https://www.virwox.com/?stage=1
41
Module 1 : Introduction to Virtual Currencies
18
Other novel models exist, where the currency exchange does not necessarily
support the back-and-forth trade of currency but facilitates the purchase of
virtual currency through non-traditional means. One example of such a system
is the purchase of bitcoins by SMS51.
Considering the relatively unregulated nature of this market, a risk exists that
virtual currency exchanges do not properly identify the source of cash or third
party funding used to purchase virtual currencies52. In the recent past, several
countries have announced plans to regulate virtual currency intermediaries,
such as currency exchanges, to combat the risks of money-laundering associated
with them53, 54, 55.
6.2 Financial Institutions
As mentioned above in Section 6.1, a bank account can act as a funding source
for purchasing virtual currency or as a destination for exchanging virtual
currencies for fiat currency. As such, all of the typical regulatory and
supervisory measures that are in place relating to the use of bank accounts
would be applicable. However, as highlighted elsewhere, the use of money
mules to facilitate laundering of crime proceeds using various techniques on the
Internet, including virtual currencies, can present challenges56, 57.
Virtual currency exchanges themselves will also interface with the financial
system to hold and/or transfer fiat currency. The legal and regulatory
implications of this fact continue to evolve58, 59, 60.
51
http://sms.btc-sm.com/
FATF Report “Virtual Currencies – Key Definitions And Potential AML/CFT Risks”
FATF, June 2014. (Source: http://www.fatfgafi.org/topics/methodsandtrends/documents/virtual-currency-definitions-aml-cftrisk.html ), p. 9.
53 “Singapore to regulate virtual currency exchanges”, BBC News, March 2014. (Source:
http://www.bbc.co.uk/news/business-26556523)
54 “New York regulator plans ‘regulated’ Bitcoin exchanges”, BBC News, March 2014.
(Source: http://www.bbc.co.uk/news/technology-26538378)
55 “Convertible Virtual Currency (Like Bitcoin) is Subject to US Money-Laundering Rules”,
Digital Passing, March 2013. (Source:
http://www.digitalpassing.com/2013/03/22/convertible-virtual-currency-bitcoin-moneylaundering-rules/)
56 “Criminal money flows on the Internet: methods, trends and multi-stakeholder
counteraction.”, Council of Europe Global Project on Cybercrime and MONEYVAL,
March 2012. (Source:
http://www.coe.int/t/dghl/cooperation/economiccrime/cybercrime/documents/reports presentations/MONEYVAL_2012_6_Reptyp_flows_en.pdf)
57 “Money Laundering Using New Payment Methods”, FAFT-GAFI, October 2010. (Source:
http://www.fatfgafi.org/media/fatf/documents/reports/ML%20using%20New%20Payment%20Methods
.pdf)
58 “Jaman’s Mizuho in US, Canada suits over Mt. Gox bitcoin losses”, Reuters, March 2014.
(Source: http://www.reuters.com/article/2014/03/16/us-bitcoin-mtgox-mizuho52
Module 1 : Introduction to Virtual Currencies
19
6.3 Cash/ATMs
The use of cash has always been attractive in the laundering of crime proceeds.
Therefore, the interface between virtual currencies and cash warrants
particular attention.
The awareness and popularity of virtual currencies has substantially increased
in recent years, particularly with the advent of Bitcoin. Following on from this
growing popularity, novel business models have emerged in the case of Bitcoin
that offer possibilities were not historically available with other virtual
currencies. For example, Bitcoin ATMs are available in a number of countries61.
Such ATMs allow buying and selling of bitcoins for cash62, 63.
Additionally, virtual currency exchanges exist to facilitate people meeting faceto-face to exchange virtual currencies for cash64, 65.
6.4 Payment Cards
Globally, payment cards, in particular debit and pre-paid cards have grown at
double-digit percentage rates nearly every year in the last decade66. Prepaid
cards can act an alternative to a variety of traditional banking products and
services, such as debit or credit cards or travellers cheques 67. This may include
features such as not only making payments but also receiving payments from
third parties, cross-border remittances, and so on.
Prepaid cards can be designed to provide absolute anonymity. In fact, some
prepaid card issuers attract customers with anonymous prepaid cards with no
or high loading and transaction limits68.
idUSBREA2E01V20140316)
“MtGox class-action suits in US and Canada allege fraud, drag in Japan’s Mizuho Bank”,
arstechnica, March 2014. (Source: http://arstechnica.com/tech-policy/2014/03/mtgoxclass-action-suits-in-us-and-canada-allege-fraud-drag-in-japans-mizuho-bank/)
60 “China Banks Financial Companies from Bitcoin Transactions”, Bloomberg News,
December 2013. (Source: http://www.bloomberg.com/news/2013-12-05/china-s-pbocbans-financial-companies-from-bitcoin-transactions.html)
61 http://bitcoinatmmap.com/
62 https://bitcoinatm.com/
63 https://robocoinkiosk.com/
64 http://www.tradebitcoin.com/
65 https://localbitcoins.com/
66 “Expanding Opportunities in Debit and Pre-paid Card Products”, Euromonitor
International, February 2013. (Source: http://www.euromonitor.com/expandingopportunities-in-debit-and-pre-paid-card-products/report)
67 “Report on New Payment Methods”, FATF-GAFI, 2006. (Source: http://www.fatfgafi.org/media/fatf/documents/reports/Report%20on%20New%20Payment%20Methods
.pdf)
68 “Money Laundering Using New Payment Methods”, FATF-GAFI, October 2010. (Source:
http://www.fatfgafi.org/media/fatf/documents/reports/ML%20using%20New%20Payment%20Methods
59
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6.5 Money Remittance Providers
Previous work studying criminal money flows on the Internet has indicated that
the use of money remittance providers is the most common technique for
laundering criminal money derived from cybercrime69. As the overwhelming
majority of wire transfers through money remittance providers are paid out in
cash, this service enables the introduction of criminal proceeds into the financial
system. Further, the sheer volume of legitimate cash transactions provides
excellent camouflage for money-laundering activity in the placement stage.
Often the money services are part of a more complex scheme where at least one
cash operation is involved, involving at least one money mule.
A commonly reported typology involving money remittance providers proceeds
as follows:
1. Fake job advertisements are sent via spam, applicants being recruited by
telephone or by other non-face-to-face procedures. Often jobs are related
to financial issues or advertised as “work at home”.
2. Money transferred into the bank account of the recruited mule. The mule
is required to withdraw the amount in cash and send it to a specific
beneficiary by money remittance provider. The mule receives a
commission for performing this service.
3. Money remittance providers are used to move the cash to its recipient.
In the context of the current discussion, there is no reason why cash could not
be transferred into the account of a mule (step 2 above) via a virtual currency.
6.6 Merchants Accepting Virtual Currencies
Another side effect of the increasing popularity of bitcoins is that an increasing
numbers of merchants are accepting payments in virtual currencies, most
notably with bitcoins70, 71, 72. Bitcoins are an attractive option for merchants
for the following reasons73:
.pdf)
Paragraph 139, “Criminal money flows on the Internet: methods, trends and multi stakeholder counteraction.”, Council of Europe Global Project on Cybercrime an d
MONEYVAL, March 2012. (Source:
http://www.coe.int/t/dghl/cooperation/economiccrime/cybercrime/documents/reports presentations/MONEYVAL_2012_6_Reptyp_flows_en.pdf)
70 https://bitpay.com/directory#/
71 https://spendbitcoins.com/places/
72 http://www.coindesk.com/information/what-can-you-buy-with-bitcoins/
73 https://www.bitcoin247.com/en/merchants
69
Module 1 : Introduction to Virtual Currencies
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1. Once confirmed, Bitcoin transactions are irreversible therefore there is
no possibility of chargebacks or other fraud losses that can occur when
using payment cards.
2. The fees associated with processing bitcoins are lower than payment
card acquiring fees.
As well as merchants accepting bitcoins, there is a growing ecosystem of
merchant services that are available to assist small businesses to configure and
accept bitcoin payments74.
74
https://en.bitcoin.it/wiki/How_to_accept_Bitcoin,_for_small_businesses
Module 1 : Introduction to Virtual Currencies
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7 Legal Regulation
This section of the manual will attempt to address the issues of currently
applicable regulations of virtual currency, both in the national and international
contexts.
7.1 International Regulations and Standards
As an introductory note, it is fair to assume that, in the current state of affairs,
no set of specific rules or standards that are globally applicable yet exists in
relation to virtual currency as a form of digital currency. The relative novelty of
the phenomenon, as well as a fairly recent rise to any substantial levels and
relatively little impact, has so far not called for a comprehensive legal regulation
of virtual currencies.
Yet, it would be illogical to assume that virtual currencies operate in a complete
legal vacuum. Even in the absence of a set framework of legal regulations in this
area, one has to be aware of the general context in which electronic money and
virtual currency is being used, that is, the rapid development of e-commerce,
and, in particular, the efforts of global, regional and national players in order to
facilitate innovation and efficiency of financial transactions that are, without
doubt, one of the core enablers of successful e-commerce systems. Besides,
some aspects related to the potential use of virtual currencies for moneylaundering purposes, as well as cybercrime offences it is usually connected with
(in cases of illegal activities involving virtual currencies), need to be kept in
mind.
7.1.1 E-commerce Regulatory Framework and its Application to
Virtual Currencies
Although there is no uniform definition of e-commerce, it is largely understood
as any form of business transaction between individuals and entities that use
electronic communications technology in place of physical exchange of goods or
services.75 The rise and continued growth of e-commerce is largely attributed
to the development of the Internet as a medium for communication between
customers and businesses; in recent figures, e-commerce amounts to almost 5%
of global sales.76
75
Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on
certain legal aspects of information society services, in particular electronic commerce,
in the Internal Market, Article 2 (f) (Source: http://eurlex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32000L0031:en:HTML);
UNCITRAL Model Law on Electronic Commerce, Art. 1(b) (Source:
https://www.uncitral.org/uncitral/en/uncitral_texts/electronic_commerce/1996Model.ht
ml.).
76 BizReport, “Global ecommerce sales top U.S.$1 trillion” (Source:
http://www.bizreport.com/2013/08/global-ecommerce-sales-top-us1-trillion.html)
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The reference point for e-commerce regulations is the Model Law on Electronic
Commerce of 1996, developed and adopted by the United Nations Commission
on International Trade Law (UNCITRAL).77 Although not an international treaty
proper - in the classic sense of public international law – this document has
been used extensively to provide guidance to developing national legislations
concerning facilitation of e-commerce and is, in essence, an international
standard for e-commerce regulation. The UNCITRAL Secretariat keeps track of
nations that have adopted and put into force the legislation on e-commerce; as
of writing, such laws have been promulgated by 54 states.78
The UNCITRAL Model Law on Electronic Commerce lays down a number of
concepts that are instrumental in understanding the current legal debate with
regard to virtual currencies. One of such concepts is the principle of
technological neutrality,79 or media neutrality in terms put forward by the
Model Law.80 Translating this in terms of virtual currencies, the technologies
used for transactions by virtual currencies can be used for both legitimate and
illegal purposes, and the core technology is not considered illegal per se due to
the potential of its criminal use. This argument is particularly relevant in the
debates surrounding potential prohibition of virtual currencies as legitimate
financial instruments, which would result in denial to the legitimate use of
technology. These concerns are not dissimilar in nature to jurisprudence
involving decentralized peer-to-peer sharing of copyrighted materials and
technical means used for these purposes;81 most of the case law confirms
technological neutrality concept by upholding the legitimate uses of the
technology in question, and shifting responsibility for illicit uses to the end
users.
Although the immediate purpose of the UNCITRAL Model Law on E-Commerce
may be to harmonize the e-commerce regulations, its overall goal is, in essence,
to promote development of e-commerce and to create an environment
conducive to its growth. In this context, virtual currencies pose an interesting
dilemma. On one hand, the use of virtual currency is consistent with the overall
goal of facilitating electronic commerce by offering yet another method of
77
https://www.uncitral.org/uncitral/en/uncitral_texts/electronic_commerce/1996Model.html.
78https://www.uncitral.org/uncitral/en/uncitral_texts/electronic_commerce/1996Model_status
.html.
Explanatory Report to the United Nations Convention on the Use of Electronic
Communications in International Contracts, available at:
http://www.uncitral.org/pdf/english/texts/electcom/06-57452_Ebook.pdf.
80 UNCITRAL Model Law on Electronic Commerce (with Guide to Enactment), (Source:
https://www.uncitral.org/pdf/english/texts/electcom/05-89450_Ebook.pdf.)
81 A&M Records, Inc. v. Napster, Inc. (Source: http://onlinelaw.wustl.edu/case -study-amrecords-inc-v-napster-inc/); MGM Studios, Inc. v. Grokster, Ltd. (Source:
http://en.wikipedia.org/wiki/MGM_Studios,_Inc._v._Grokster,_Ltd.), Pirate Bay
(Source: http://en.wikipedia.org/wiki/The_Pirate_Bay_trial), BitTorrent systems
(Source: http://en.wikipedia.org/wiki/Legal_issues_with_BitTorrent).
79
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financial transactions that may be beneficial for the development of electronic
trade; on the other, threats and challenges posed by the highly speculative
nature of crypto-currencies and cybercrime threats against the currencies
themselves may represent a discouraging factor for electronic commerce, as
illustrated by recent high-profile case of Mt. Gox82.
One of the most relevant aspects of e-commerce regulations in terms of virtual
currencies is consumer protection, that is, the set of rules protecting the rights
of customers entitling them to a reasonable standard of goods and services
received, and protecting them from unfair and unjust business practices. For
example, the EC Directive on Electronic Commerce83 specifically notes the high
level of consumer protection as an essential concept contributing to the free
movement of information society services.84 Given the wide range of issues
covered by modern consumer rights and consumer protection legislation, it is
rather apparent that some of the features of crypto-currencies, such as Bitcoin,
with the finality of financial transaction and without the possibility for returns
would certainly be questionable from the consumer protection point of view.85
Perhaps an even more relevant example is the ongoing and active convergence
between cybercrime and data protection communities: consumer protection
organizations are quickly becoming major partners in detecting and reporting
cybercrime,86 and can thus be an equally important source of information for
investigations related to illegal use of virtual currencies.
At the same time, various legal texts concerning electronic payments and
electronic money have arguably less relevance in the context of virtual
currencies. The problem is that either international or regional regulatory
instruments addressing e-money and e-payments87 follow largely the logic that
such payments and funds are being processed through established financial
mechanisms, by regular financial institutions that deal with fiat money; while
virtual currencies, whether centralized or decentralized, operate, as a matter of
fact, beyond the realm of these institutions and mechanisms, with the important
82
http://en.wikipedia.org/wiki/Mt._Gox#Bankruptcy_and_shutdown.
Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on
certain legal aspects of information society services, in particular electronic commerce,
in the Internal Market, (Source:http://eur-lex.europa.eu/legalcontent/EN/TXT/HTML/?uri=CELEX:32000L0031&from=EN.
84 P. Directive on injunctions for the protection of consumers' interests (Source: http://eur lex.europa.eu/legal-content/en/ALL/?uri=CELEX:31998L0027)
85 Right of withdrawal under the Directive 2011/83/EU on Consumer Rights (Source:
http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32011L0083&rid=1)
86 http://www.ftc.gov/enforcement/consumer-sentinel-network.
87 UNCITRAL Model Law on International Credit Transfers (Source:
https://www.uncitral.org/pdf/english/texts/payments/transfers/ml -credittrans.pdf);
Directive 2009/110/EC of the European Parliament and of the Council of 16 September
2009 on the taking up, pursuit and prudential supervision of the business of electronic
money institutions (Source: http://eur-lex.europa.eu/legalcontent/EN/TXT/PDF/?uri=CELEX:32009L0110&from=EN)
83
Module 1 : Introduction to Virtual Currencies
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exception of interactions taking place during exchange into fiat currencies and
vice versa. While certain analogies can undeniably be drawn from a purely legal
standpoint, the dissimilarities in processing transactions and, above all, the
large disparity in terms of applicable regulation hold little value in terms of legal
analysis and practical application in this particular respect.
7.1.2 Money-laundering Regulations and Virtual Currencies
Money-laundering denotes the process by which criminals disguise the original
ownership and control of the proceeds of criminal conduct by making such
proceeds appear to have derived from a legitimate source. Though criminal
money may be successfully laundered without the assistance of the financial
sector, the reality is that hundreds of billions of dollars of criminally derived
money is laundered through financial institutions annually.88 The nature of the
products and services offered by the financial services industry (managing,
controlling and possessing money and property belonging to others) means that
it is vulnerable to abuse by money launderers.
There is an extensive body of international instruments and standards
addressing money-laundering, pioneered by the United Nations Convention
against Illicit Traffic in Narcotic Drugs and Psychotropic Substances of 1988,
which is the first international legal instrument that has defined the elements of
offences of laundering of the proceeds of crime provided by this Convention.89
This approach is further upheld by the United Nations Convention on
Transnational Organized Crime of 200390 and the United Nations Convention
against Corruption of 2005,91 which further develop the notions of laundering
of the proceeds of crime, and establish specific requirements and procedures for
combating these. The International Convention for the Suppression of the
Financing of Terrorism takes a more specialized approach by specifically
requiring mechanisms for identification, detection and freezing or seizure of
instrumentalities and proceeds from terrorist financing crimes.92
The overview of modern instruments for combating money-laundering would
not be complete without noting the Financial Action Task Force (FATF), an
International Compliance Association, “What is Money Laundering?”, (Source:
http://www.int-comp.org/what-is-money-laundering).
89 Article 5 of the United Nations Convention against Illicit Traffic in Narcotic Drugs and
Psychotropic Substances (Source: http://www.unodc.org/pdf/convention_1988_en.pdf)
90 Article 6 and 7 of the United Nations Convention against Transnational Organized Crime
(Source:
http://www.unodc.org/documents/treaties/UNTOC/Publications/TOC%20C onvention/T
OCebook-e.pdf)
91 Article 23, 52, 54 and 57 of the United Nations Convention against Corruption (Source:
http://www.unodc.org/documents/treaties/UNCAC/Publications/Convention/08 50026_E.pdf)
92 Article 8 of the International Convention for the Suppression of the Financing of
Terrorism (Source: http://www.un.org/law/cod/finterr.htm).
88
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inter-governmental body established and tasked with setting standards and
promoting effective implementation of legal, regulatory and operational
measures for combating money-laundering, terrorist financing and other
related threats to the integrity of the international financial system93 Its
Recommendations 94 , that encompass topics such as money-laundering,
terrorist financing, and the financing of the proliferation of weapons of mass
destruction, are, in essence, enforceable standards subject to compliance
monitoring mechanisms employed by the FATF itself.
Given the purpose of this manual and the nature of decentralized virtual
currencies, it is rather apparent that the use of virtual currencies attracts
legitimate concerns of its use as a means to undertake money-laundering or, in
general, criminal money flows on the Internet. Nevertheless, it has to be
understood that money-laundering aspects of virtual currencies are focused to a
lesser extent on technology (which can be still relevant for the reasons of
increased secrecy and difficult traceability, as well as reliance on cryptography),
but rather relate to the lack of applicable regulation and powers of supervisory
authorities with regard to virtual currency transactions. Since transactions
involving virtual currency are, in fact, removed from established, and thus
thoroughly regulated, traditional financial institutions, virtual currencies pose a
certain appeal to those who wish to engage in money-laundering. Some specific
types of virtual currency based on anonymity and cryptography, such as Bitcoin,
would have an “added value” of being extremely hard to trace and decode in
terms of transactions between users of such systems. Therefore, a relevant
focus in terms of money-laundering is not on virtual currency itself, but on a
rather closely related framework of international standards that address, in one
way or another, the threats that are connected with the criminal use of virtual
currencies for laundering of proceeds of crime.
7.2 Criminal Offences Associated with Virtual Currencies
Virtual currencies, by their very nature, may be related to a range of criminal
offences. Whilst the focus of this Manual is on money laundering offences
involving virtual currency, it is important to briefly set out the broader context
within which such offences may be encountered. This includes as concerns the
relationship of offences involving virtual currencies to cybercrime offences.
In the first instance, and as noted above, virtual currencies may engage a
number of regulatory provisions. Breach of such regulations may be
accompanied, in some cases, by criminal sanctions. Thus, the possession or
operation of a virtual currency per se, in some jurisdictions may constitute a
93
94
http://www.fatf-gafi.org/pages/aboutus/.
http://www.fatfgafi.org/topics/fatfrecommendations/documents/internationalstandardsoncombatingmon
eylaunderingandthefinancingofterrorismproliferation-thefatfrecommendations.html.
Module 1 : Introduction to Virtual Currencies
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criminal offence, such as illegal possession of an unlicensed currency, or
operation of an unlicensed money exchange business.
As a form of value, virtual currencies may themselves also form the object of a
criminal offence. Possible offences include, for example, the theft of sums of
virtual currency, or the fraudulent obtaining of virtual currency. Such acts may
or may not also include conversion to real currency as part of the offence.
In addition, virtual currencies may form part of the modus operandi of a
separate offence, such as when used for the purchase of illicit goods, such as
weapons, drugs or child abuse material, as well as for the payment of services
that may be regulated or criminalized in certain countries, such as online
gambling. In this sense, virtual currencies may form instrumentalities of crime.
In addition, virtual currencies may be provided or collected with the intention
that they should be used in full or in part in order to carry out an offence
constituting an act established in accordance with the universal legal
instruments against terrorism, or otherwise intended to cause death or serious
bodily injury to a civilian, or to any other person not taking an active part in the
hostilities of a situation of armed conflict, when the purpose of such act, by its
nature or context, is to intimidate a population, or to compel a government or
international organization to do or abstain from doing any act (terrorist
financing offences).
Finally, as is the focus of this manual, the criminal offence of money laundering
is committed where virtual currencies are used for the conversion or transfer of
property, knowing that such property constitutes proceeds of crime, for the
purpose of concealing or disguising the illicit origin of the property or of
assisting any person who is involved in the commission of such an offence or
offences to evade the legal consequences of his actions, or for the concealment
or disguise of the true nature, source, location, disposition, movement, rights
with respect to, or ownership of property, knowing that such property is
proceeds of crime.
In light of the electronic nature of virtual currencies, in almost all of these
possible offence types, a close relationship with ‘cybercrime’ offences may exist.
The term ‘cybercrime’ itself is not amenable to a single definition, and is likely
best considered as a collection of acts or conduct, rather than one single act.
Cybercrime is commonly understood as a concept that denotes offences against
computer data and systems, namely offences against confidentiality, integrity
and availability of data and systems, as well as offences committed by means of
computer data and systems and content-related offences, such as computerrelated fraud, copyright or trademark offences, or sending and controlling
sending of SPAM. In the latter case, the “traditional” offences, such as forgery or
production, distribution, or possession of child pornography, gain different
quality and impact if committed through the use of computer systems, since the
Module 1 : Introduction to Virtual Currencies
28
technology enables and facilitates commission and/or cover-up of such offences,
wider distribution of such effects, and aggravated impact on victims, often
across different jurisdictions.95 Overall, however, a distinction may be made by
‘core’ cybercrime offences, related to acts directed against computer
information systems or data, and a broader category of cybercrime offences
committed by means of computer systems or data.
The last decade has seen significant developments in the promulgation of
international and regional instruments aimed at countering cybercrime. These
include binding and nonbinding instruments. The genesis, legal status,
geographic scope, substantive focus, and mechanisms of such instruments vary
significantly. Examples of regional treaties are, for instance, the Council of
Europe Convention on Cybercrime, the Commonwealth of Independent States
(CIS) Agreement on Cooperation in Combating Offences related to Computer
Information, the Shanghai Cooperation Organization Agreement on Cooperation
in the Field of International Information Security, or the League of Arab States
Convention on Combating Information Technology Offences.96 All of the GUAM
Member States are Member States of the Council of Europe, and also became
Parties to the Council of Europe Convention on Cybercrime., .97 They regularly
undergo compliance monitoring with the Council of Europe Cybercrime
Committee (T-CY).
With respect to criminal offences involving virtual currencies, ‘core’ cybercrime
offences (such as illegal access to a computer system) may be ancillary to
offences such as theft of virtual currency. Breaking into a personal wallet
through ‘hacking’, with a view to stealing bitcoins can be qualified as theft for
example, where cybercrime is an auxiliary offence, facilitating the commission
of the former. Illegal access offences may also be linked with money laundering
offences involving virtual currency, such as when accounts of third parties are
used without the consent of that person for transactions.
Broader forms of cybercrime, such as computer-related fraud, may constitute
the primary offence for which virtual currency is the object, such as when
95
UNODC Comprehensive Study on Cybercrime (Draft, 2013), prepared by UNODC for the
consideration of the open-ended intergovernmental expert group to conduct a
comprehensive study of the problem of cybercrime, according to the methodology
agreed on by the expert group (hereinafter referred to as UNODC Comprehensive
Study on Cybercrime), pp. 11 et. seqq.
96 Council of Europe Convention on Cybercrime (2001); Commonwealth of Independent
States (CIS) Agreement on Cooperation in Combating Offences related to Computer
Information (2001); Shanghai Cooperation Organization Agreement on Cooperation in
the Field of International Information Security (2009); League of Arab States
Convention on Combating Information Technology Offences (2010). For an overview
of binding and non-binding instruments, see also UNODC Comprehensive Study on
Cybercrime, pp. 63 et seqq.
97 List of State Parties available at:
http://conventions.coe.int/Treaty/Commun/ChercheSig.asp?NT=185&CM=&DF=&CL
=ENG.
Module 1 : Introduction to Virtual Currencies
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virtual currency is obtained through deception. Finally, content-related and
other forms of cybercrime, such as computer-related possession or distribution
of child abuse material or sale of illicit drugs online, may constitute either a
predicate offence for money laundering via virtual currencies (in the case of sale
of such material), or the primary offence for which virtual currencies are an
instrumentality (in the case of purchase of such material). Indeed, the case of
Silk Road could be no better example of the potential use of crypto-currencies
for trade in illegal materials.98 In short, the possible interactions between
cybercrime offences, ‘traditional’ offences, and virtual currencies are multiple
and potentially complex.
Importantly, however, a number of features of criminal acts usually considered
as ‘cybercrime’ show similar features, from the investigative perspective, as
criminal acts involving virtual currencies. Cybercrime, for example, perhaps
more than any other form of crime, is often committed as a transnational
offence, spanning several jurisdictions and leading to problems both in
investigation of and legal assistance in such matters. Secondly, illegal use,
interception or interference with computer systems or data is often difficult to
track and thus reporting levels of cybercrime remain a major problem. Third, as
with all crimes, cybercrimes leave traces of evidence, and most of such evidence
is in electronic format – that is, electronic evidence; there are numerous legal
and technical difficulties in securing and examining such evidence, especially in
a timely manner. These and other features of cybercrime, that are very often
predicate or auxiliary offences to the criminal use of virtual currencies, often
require a more advanced understanding of both regulators and criminal justice
personnel in successfully addressing the challenges posed by both.
7.3 National Regulatory Frameworks
In contrast to the international context, the issue of regulating the use of virtual
currencies has been addressed domestically to a certain level in several
jurisdictions, mostly in terms of applicable reporting and registration, taxation,
and potential misuse for money-laundering. However, it seems that the current
attempts at regulating virtual currencies are still at the preliminary stage,
testing various approaches to regulation and anticipating the growth of virtual
currency transactions, as well as being mindful of the advances in technology.
Hence the widely varying approaches to regulating the status and rules
applicable to virtual currencies.
Due to its increasing reliance on e-commerce, the United States of America has
so far been strongly engaged in the virtual currency debate. The approach
currently employed by its policy makers and regulators is to allow virtual
currencies to operate under the condition that specific regulations are
98
USA Today, “How FBI brought down cyber-underworld site Silk Road” (Source:
http://www.usatoday.com/story/news/nation/2013/10/21/fbi -cracks-silk-road/2984921/)
Module 1 : Introduction to Virtual Currencies
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applicable to certain players in virtual currencies services. Along these lines, in
March 2013, the Financial Crimes Enforcement Network (FinCEN) issued
interpretive guidance FIN-2013-G001, 99 clarifying the application of US
regulations to certain categories of virtual currency services (exchangers,
administrators and so on) in terms of obligations for money services businesses
("MSBs"), who must comply with registration, record-keeping, and other
financial requirements. The March 2013 guidance draws clear lines between, on
one hand, users of virtual currency (not deemed as MSBs and thus excluded
from registration and recording requirements) and administrators and
exchangers on the other, who are covered by definition of MSBs since their
actions constitute “money transmitter” services. Additionally, the Internal
Revenue Service (IRS) has issued Notice 2014-21100 in response to several
questions as to the status of virtual currencies in the United States for taxation
purposes. It notes that the virtual currencies must be treated as a commodity
and thus taxable in terms of income that may be generated by sale of such
commodities.
The United Kingdom has taken a similar approach to the market of virtual
currencies (decentralized crypto-currencies in particular), as provided by the
HM Revenue & Customs Brief 09/14 on “Tax treatment of activities involving
Bitcoin and other similar cryptocurrencies”.101 Recognizing the evolving nature
of decentralized crypto-currencies, whilst not explicitly recognizing the bitcoin
as a full-fledged currency, the brief effectively treats bitcoin like any other form
of payment for tax purposes, for both individual (VAT treatment, which differs
by the categories of users, such as miners or exchangers) and corporate taxation
regime (especially in terms of income and capital gains taxes derived from trade
in bitcoins).
China has taken a different approach to regulating the virtual currency market,
through banning the use of Bitcoin and other crypto-currencies by financial and
payment institutions. In December 2013, The People's Bank of China and Five
Associated Ministries issued a Notice on "Prevention of Risks Associated with
Bitcoin",102 making public their position that Bitcoin is not money, cannot be
used to exchange legal tender for foreign currency, pay a mortgage, pay a legal
settlement, make investments, or provide insurance. However, the prohibition is
not absolute, since virtual currencies can still be used as a trade commodity on
the Internet at the risk of the users. Nevertheless, Bitcoin-commerce websites
99
http://fincen.gov/statutes_regs/guidance/html/FIN-2013-G001.html.
http://www.irs.gov/pub/irs-drop/n-1421.pdf?utm_source=3.31.2014+Tax+Alert&utm_campaign=3.31.14+Tax+Alert&utm_m
edium=email.
101 http://www.hmrc.gov.uk/briefs/vat/brief0914.htm.
102 BTC China, “The People's Bank of China and Five Associated Ministries Notice:
"Prevention of Risks Associated with Bitcoin" (unofficial translation)”, (Source:
https://vip.btcchina.com/page/bocnotice2013).
100
Module 1 : Introduction to Virtual Currencies
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must file with the telecommunications regulatory agencies in accordance with
the country’s anti-money-laundering law.
Another different, albeit similarly cautious approach has been employed by the
authorities of Canada, who have taken a position that Bitcoin is not a legal
tender in the country. However, unlike the approach employed by China,
Canadian authorities have left open a possibility to revise the issue based on
developments in the future. In taking a closer look at Bitcoin and other virtual
currencies, factors such as financial stability, highly speculative nature as well
as “convenience and ease of use, price, reliability, safety, and effective redress
mechanisms” for Canadian citizens were taken into account.103 At the same
time, one of the first Automated Teller Machines (ATM) that allows for exchange
of virtual currency into Canadian dollar, or vice versa, was installed in
Vancouver in October 2013.104 There are numerous exchange facilities and
other ways to trade in bitcoins in Canada, which are indicative of rising
popularity of crypto-currencies in the country.
Perhaps a middle ground in these different examples has been established by
Singapore. Whilst not restricting virtual currencies as an eligible medium for
transactions in its financial system, Singapore plans to tighten the requirements
for Bitcoin exchanges and vending machines to ensure user identification and
transparency at all times.105
Case Study : Bitcoin
Bitcoin is a decentralised, peer-to-peer payment network that is powered by
its users with no central authority or middlemen. Satoshi Nakamoto
published the first Bitcoin specification and proof of concept to a
cryptography mailing list in 2009106. Fundamentally, the purpose and
operation of the Bitcoin network is concerned with the management and
sharing of a public ledger, known as the “block chain”. This ledger contains
Canada Revenue Agency, ”What you should know about digital currency” (Source:
http://www.cra-arc.gc.ca/nwsrm/fctshts/2013/m11/fs131105-eng.html).
104 Mashable, ”World's First Bitcoin ATM Opens In Vancouver, Canada” (Source:
http://mashable.com/2013/10/30/bitcoin-atm-2/)
105 Monetary Authority of Singapore, ”MAS to Regulate Virtual Currency Intermediaries for
Money Laundering and Terrorist Financing Risks” (Source:
http://www.mas.gov.sg/news-and-publications/press-releases/2014/mas-to-regulatevirtual-currency-intermediaries-for-money-laundering-and-terrorist-financingrisks.aspx)
106 https://bitcoin.org/en/faq
103
Module 1 : Introduction to Virtual Currencies
32
every transaction ever performed and is used to verify the validity of every
transaction107. The integrity and chronological order of the transactions in
the ledger are enforced by cryptography.
By the categorisation described in Section 5, bitcoin(s) are a convertible,
decentralised virtual currency, also commonly known as a cryptocurrency.
Bitcoins introduce some novel technical features that make investigations
into the laundering of crime proceeds particularly challenging, therefore it is
worthwhile to expend some effort understanding how Bitcoin works.
On this basis, it is useful to consider the functionality of the Bitcoin network
in terms of the issues that need to be addressed for it to act reliably as a
decentralised virtual currency.
Transferring bitcoins
The first, and perhaps most obvious question, is how do users of the Bitcoin
network transfer bitcoins to one another.
Each user in the Bitcoin network has one, or more, Bitcoin addresses. A user
can create as many Bitcoin addresses as they want, even a separate
addresses for every single transaction if they want108.
The addresses serves as a unique identifying value that is used to represent
ownership of a particular bitcoin109,110. For Person A to send money to
Person B, they broadcast a message to the Bitcoin network containing the
sender address, the recipient address (their “receiving address”) and the
amount to transfer. Every node in the Bitcoin network that receives this
message will update their copy of the ledger and then pass along the
transaction message to other nodes111.
What stops an attacker, say Person C, broadcasting a message to the network
transferring bitcoins from Person A’s address to Person C (or another
person), thus stealing Person A’s bitcoins? This eventuality is prevented
because the authenticity of transaction messages is assured using the
cryptographic technique of digital signatures112. In order to create a valid
transaction message transferring bitcoins from Person A’s address, the
107
https://bitcoin.org/en/how-it-works
In some commonly available Bitcoin software, the user’s identity is represented as a
single “wallet” containing multiple “receiving addresses”.
109 Strictly speaking, each address is a public/private key pair. The “receiving address” is the
public key. The private key is kept secret and used to digitally sign transactions, thus
verifying the authenticity of the transaction.
110 See http://en.wikipedia.org/wiki/Public-key_cryptography for general information on
public key cryptography.
111 http://www.imponderablethings.com/2013/07/how-bitcoin-works-under-hood.html
112 http://en.wikipedia.org/wiki/Digital_signature
108
Module 1 : Introduction to Virtual Currencies
33
person generating the message must have the password associated with the
address113.
Two questions now arise:
1.
How does Person B know that Person A actually owns the bitcoins that
are being transferred?
2.
How does Person B know that Person A hasn’t already transferred the
bitcoins to someone else?
These questions will be answered in the next two sections.
Proving Ownership of bitcoins
In order to construct a valid transaction message to transfer bitcoins, the
sender of the bitcoins must prove that they are the current owner.
Consider a situation where Person A is sending, for example, ten bitcoins to
Person B. Person A must include in the transaction message references to
previous transactions where they received more than the required ten
bitcoins. These are referred to as the “inputs” to the transaction114.
Recall that each user of the Bitcoin network maintains a copy of the ledger
(“block chain”) that contains the history of all previous transactions. Person
B can then verify that the bitcoins referenced in Person A’s transaction
message indeed belong to Person A.
To simplify this process, there is a rule that transactions must balance. In
other words, the number of bitcoins in the inputs to the transaction must
match the number of bitcoins in the outputs.
This is best understood with a concrete example. Consider the transaction
where Person A wants to send ten bitcoins to Person B. The list of inputs and
outputs shown in Table 1 will help to illustrate the balancing issue.
113
Strictly speaking, the person must have the private key associated with the public key
that represents the sender’s address. Recall that each address is a public/private key
pair. The “receiving address” is the public key and the corresponding private key is
used to digitally sign transactions that transfer value from the sender’s “receiving
address”.
114 The recipient(s) of the Bitcoins are referred to as the “outputs” of the transaction.
Module 1 : Introduction to Virtual Currencies
34
Inputs
Outputs
Transaction ID
Amount
Wallet ID
Amount
123
1
Person B
10
456
3
Person A
2
999
4
888
4
Table 1: Sample list of transaction inputs and outputs
On the “inputs” side of the transaction there is a list of four transactions that
will contain the “receiving address” of Person A. These are Person A’s proof
that they own a total of 12 bitcoins. Person B can look up these transaction
IDs in the block chain and verify that the recipient address in each case was
Person A’s address. Person B will also verify that these transactions have not
been used as the input to some other transaction, in other words that the
bitcoins have not already been spent.
On the “outputs” side of the transaction there is the ten bitcoins that Person
A wants to send to Person B. Person A transfers the remaining two bitcoins
back to their own address. This final output entry means that the total
number of bitcoins in the “inputs” equals the total number of bitcoins in the
“outputs” and the transaction is therefore balanced.
Preventing Double Spending
The final piece of the puzzle is the prevention of double spending. This is a
big issue in a peer-to-peer networks115, like the Bitcoin network, because
there is no guarantee that the order in which transactions are received by
any particular node in the network represents the order in which they were
created.
In practical terms, what prevents Person A creating a transaction message
sending bitcoins to Person B and simultaneously creating a second
transaction message to send bitcoins to someone else, hence double
spending the same bitcoins? It is certainly possible that some nodes within
the Bitcoin network would receive the second transaction first. When the
second transaction arrived at these nodes some later time, it would be
considered invalid because it reuses inputs that have already been used in
115
By contrast with a client-server model, peer-to-peer networks have no central point and
the peers distribute information through the network. General information on peer-topeer networks can be found at http://en.wikipedia.org/wiki/Peer-to-peer.
Module 1 : Introduction to Virtual Currencies
35
another transaction.
The key technological advance of the Bitcoin network is the technique by
which this issue is resolved116.
Transactions are assembled into groups, known as blocks, and the blocks are
linked together to form the block chain. Transactions within a block are
considered to have happened at the same time. The blocks are ordered by
virtue of the fact that each block refers to the previous block in the chain.
Transactions that are not already in a block are called unconfirmed
transactions. Any node in the network can collect a set of unconfirmed
transactions, assemble them into a block and propose them as the next block
in the chain. The proposed block must contain the solution to a complex
mathematical problem that is computationally difficult to calculate 117. The
Bitcoin network dynamically adjusts the difficulty of the mathematical
problem so that a new block is added to the chain on average once every ten
minutes.
Although it is unlikely, it may occasionally happen that multiple nodes in the
Bitcoin network may propose blocks at around the same time. In this case
the block chain temporarily branches as different nodes in the network
append different blocks to the block chain.
This situation is resolved when the next block is added to the chain. The new
block will, as mentioned previously, contain a reference to the previous
block in the chain. It will be therefore be appended to one of the two possible
branches in the block chain. At this point, one of the two branches is longer.
The rule of the Bitcoin network is that nodes must switch to the longest
available branch. The result is that very quickly the block chain will stabilise
and all nodes will agree on all blocks that are a few back from the end of the
chain.
It is therefore considered safer to wait for a period of time before, for
example, shipping any goods based on a transfer of bitcoins. Each block
takes approximately ten minutes to compute on average, so waiting for six
blocks would mean waiting about an hour.
116
Numerous excellent summaries of this process exist on the Internet. For example
https://en.bitcoin.it/wiki/Block_chain and
http://www.youtube.com/watch?v=Lx9zgZCMqXE.
117 Strictly speaking, the node creating the block tries adding a large number of different
numeric values to the block until it finds a value such that the cryptographic hash of the
block is below a certain threshold value.
Module 1 : Introduction to Virtual Currencies
36
Bitcoin Mining
The process of building blocks and appending them to the block chain as
described above is known as mining. Whoever solves the block and appends
it to the block chain receives a reward of 25 bitcoins. Every four years the
block reward is cut in half until eventually no more bitcoins will be released.
A total of 21 million bitcoins will be created.
In addition to the bitcoin reward, miners also receive a transaction fee that
can optionally be included with transactions. Currently the main reward for
mining is the bitcoins themselves but over time transaction fees will become
the incentive for mining.
Most mining is performed not by individuals but rather by organised groups
of miners, known as mining pools. The reward for computing blocks is
divided amongst the members of the pool in proportion to the amount of
computational effort each member provided to the pool.
Module 1 : Introduction to Virtual Currencies
37
Self Assessment
Question 1: Using the definitions adopted by the FATF, define the terms
“virtual currency”, “electronic money” and “digital currency”, explaining
clearly the difference between each term.
Question 2: Describe the characteristics that differentiate a convertible
virtual currency from a non-convertible virtual currency. Provide an
example from each category.
Question 3: Describe the characteristics that differentiate a centralised
virtual currency from a decentralised virtual currency. Provide an example
from each category.
Question 4: When considering virtual currencies it is important to be aware
of the interface between virtual currencies and the traditional financial
system. In this context, discuss the role virtual currency exchanges play.
Focus in particular on the range of possible funding sources from which
virtual currencies can be acquired.
Question 5: Aside from virtual currency exchanges, give three examples of
interfaces between the traditional financial system and virtual currencies
that are relevant to the issue of laundering crime proceeds through the use
of virtual currencies.
Question 6: Explain the reasons why some virtual currencies might be an
attractive payment method for legitimate merchants.
Question 7: Explain what is meant by the term cryptocurrency.
Question 8: Describe the operation of the Bitcoin network paying particular
attention to the purpose of “mining”.
Question 9: Explain how the Bitcoin network prevents “double spending” of
bitcoins.
Question 10: Explain how a user of the Bitcoin network proves ownership of
a certain amount of bitcoins to another user.
Question 11: Describe the correlation between principles of technological
neutrality and the use of virtual currencies for illegal purposes.
Question 12: Describe the possible “appeal” of virtual crypto-currencies for
money-laundering purposes.
Question 13: What is the difference between cybercrime offences against
confidentiality, integrity and availability of computer/systems data, and
content-related cybercrime offences?
Question 14: Mention at least two countries that have banned or restricted
Module 1 : Introduction to Virtual Currencies
the use of bitcoins, and elaborate on the reasons for such decisions.
38
39
40
Basic Manual on the Detection
And Investigation of the
Laundering of Crime Proceeds
Using Virtual Currencies
Module 2
The Challenges Presented by Virtual
Currencies
Module 2 : The Challenges Presented by Virtual Currencies
41
1 Summary
When considering the laundering of crime proceeds, virtual currencies present
a range of particular challenges. The purpose of this module is to describe these
challenges.
Firstly, the reasons why virtual currencies can present difficulties to the
detection and investigation of laundering of crime proceeds will be examined.
This is followed by an examination of the typologies by which virtual currencies
are used to launder crime proceeds. Finally, some relevant trends are also
highlighted.
2 Learning Objectives
By reading this module you will:

Understand the threats presented by virtual currencies.

Be aware of the typologies used to facilitate laundering by virtual
currencies.

Know the challenges to detection of laundering through virtual
currencies.

Be aware of the challenges that can exist at a national level to the
investigation of laundering through virtual currencies.

Be aware of the challenges that can exist at an international level to the
investigation of laundering through virtual currencies.

Be aware of relevant trends in the area of virtual currencies and their use
for laundering crime proceeds.
Module 2 : The Challenges Presented by Virtual Currencies
42
3 Threats Presented by Virtual Currencies
This section intends to answer the following question: what is it about the
nature of virtual currencies that makes them difficult to investigate in cases of
laundering of crime proceeds? To answer this, the following sections describe
some of the unique challenges to investigations posed by the use of virtual
currencies to launder crime proceeds.
3.1 Fast, Irreversible Transactions
A number of factors relating to the speed and reversibility of virtual currency
transactions are notable from the point of view of laundering crime proceeds.
The speed of transactions that are possible with new payment methods1, 2 has
been highlighted as a risk factor in previous work. In particular, funds can be
withdrawn or converted much more quickly than through more traditional
channels. The implication of the possible transaction speed is increased
complexity of monitoring and additional difficulty freezing funds. New payment
methods, in this context, include virtual currencies.
The extent to which transactions can be reversed depends on the virtual
currency in question. Bitcoin transactions, for example, once confirmed cannot
be reversed3. They can, however, be refunded by the person receiving the funds.
This, of course, is not a reversal of the transaction, rather a transaction by the
recipient transferring the funds back to the original sender. Centralised virtual
currencies, on the other hand, are generally operated within the context of the
terms of service of the administrating authority4. In the vast majority of
centralised virtual currency systems, the administrating authorities will
advertise the fact that transactions made in the virtual currency system cannot
be reversed. However, the administrating authority typically has ultimate
authority to act as they see fit, including, presumably, reversing virtual currency
transactions if they were to choose to do so.
Several forms of transaction are possible, and therefore need to be considered.
In the following sub-sections, the behaviour of virtual currencies in each of
these scenarios will be considered in terms of speed and reversibility. The three
categories of transactions that will be discussed are:
1
In this context, new payment methods (NPMs) are defined as prepaid cards, mobile
payments and Internet payment services. Internet payment services are defined as
including digital/electronic currencies
2 Paragraph 43, “Money Laundering Using New Payment Methods”, FATF-GAFI, October
2010. (Source: http://www.fatfgafi.org/media/fatf/documents/reports/ML%20using%20New%20Payment%20Methods
.pdf)
3 https://bitcoin.org/en/you-need-to-know
4 For example, http://lindenlab.com/tos.
Module 2 : The Challenges Presented by Virtual Currencies
43
1. Transferring from fiat currency to virtual currency (or vice versa)
2. Converting from one virtual currency to another
3. Transferring virtual currency from one account to another
3.1.1 Transferring from fiat currency to virtual currency
Generally speaking, transfers of fiat currency to virtual currency are performed
in one of two ways:


Some centralised virtual currencies can be purchased from or sold
directly to the administrating authority5. In these cases, the terminology
of
purchasing/selling
is
sometimes
referred
to
as
depositing/withdrawing.
Other centralised virtual currencies, and decentralised virtual currencies
are typically acquired through the use of a virtual currency exchange.
As mentioned in Module 1, many possible funding sources can be used to
acquire virtual currencies, including bank transfer, money remittance provider,
payment card, cash and Internet payment services, such as PayPal. The clearing
cycles (including speed and reversibility of transfers) varies by funding source
and a full discussion is beyond the scope of this course.
3.1.2 Converting from one virtual currency to another
From the perspective of virtual currency exchanges, conversion from one virtual
currency to another is a special case of buying/selling virtual currency. Using a
virtual currency as a funding source to purchase other virtual currencies is
supported by some currency exchanges6, 7, 8.
In most cases, delays in transferring virtual currency are fraud prevention
measures implemented by the virtual currency exchanges. These delays are
often applied to new accounts or funding sources and are relaxed or removed
after multiple transactions have been performed and the customer has built up
a transaction history.
Depending on the particular virtual currencies concerned, and the nature of the
transaction, instant transfers of virtual currency are possible. For example, it is
possible to purchase Second Life Linden Dollars and have them instantly
credited to your account9.
5
http://account.entropiauniverse.com/account/deposits/
https://firstmetaexchange.com/home
7 https://www.virwox.com/?stage=1
8 http://howtobuybitcoins.info/
9 The virwox exchange will instantly credit Linden Dollars to the specified virtual identity
(avatar).
6
Module 2 : The Challenges Presented by Virtual Currencies
44
3.1.3 Transferring virtual currency from one account to another
The details of transferring virtual currency value from one account to another,
of course depends on which virtual currency is being discussed. The speed of
transaction confirmation varies depending on the particular virtual currency,
but is generally in the range from instantaneous transfer to a delay of the order
of minutes10,11.
For example, as mentioned above, decentralised virtual currency transactions
(e.g. Bitcoin), once confirmed, are irreversible. The advantage of this for a
legitimate user is that there is no possibility of having the transaction reversed
(“charged back”) due to fraud. From the criminal point of view, the nonreversible nature of the transaction means that there is no clearing cycle, or
other opportunities within the payment system to recover the funds.
For these very same reasons (speed and irreversible transactions), Bitcoins
have become an attractive payment method on the criminal underground12, 13,
14.
Transfers of virtual currency between accounts in the case of centralised virtual
currencies are also typically instantaneous. However, it is possible, in principle
at least, for the administrating authority to reverse the transaction at some
point in the future.
3.2 Anonymity by Design
This is a threat presented primarily by decentralised virtual currencies in
particular. Some of these virtual currencies have been designed specifically to
provide transactional anonymity. The canonical example of a decentralised
virtual currency is Bitcoin, so they will be used as an example of the threat of
transactional anonymity15.
Recall that a publicly accessible ledger of all transactions is maintained by the
Bitcoin network. Transactions are confirmed and added to this ledger through
the Bitcoin mining process. Recall further that bitcoin ownership is represented
by associating a particular amount of bitcoins with a particular address. The
10
10 minute transaction confirmation for Bitcoins (see Module 1)
2.5 minute transaction confirmation for LiteCoin (https://litecoin.org/)
12 “Mind your wallet: why the underworld loves bitcoin”, Reuters, March 2014. (Source:
http://www.reuters.com/article/2014/03/14/us-bitcoin-criminals-insightidUSBREA2D09820140314)
13 “FBI Fears Bitcoin’s Popularity with Criminals”, Wired, September 2012. (Source:
http://www.wired.com/2012/05/fbi-fears-bitcoin/)
14 “What Bitcoins can buy you in the criminal underground”, Cybercrime Review, May
2012. (Source: http://www.cybercrimereview.com/2012/05/what-bitcoins-can-buy-youin-criminal.html)
15 See Module 1 for a description of how Bitcoins work.
11
Module 2 : The Challenges Presented by Virtual Currencies
45
purpose of transactions in the Bitcoin network is to transfer ownership of a
certain amount of bitcoins from one address to another. Each transaction,
therefore, contains information about the source address, destination address
and the amount of the transaction.
However, apart from the record of transactions that take place involving two
particular Bitcoin addresses, there is no way to associate an address with any
other address in the Bitcoin network. There is also no way within the Bitcoin
network to associate an address with a real world identity. Indeed, a transaction
where a single individual controls both the sender address and the destination
address are indistinguishable from one where different people control the two
addresses.
The implication of the anonymity offered by these decentralised virtual
currencies is that even though it is not difficult to follow the flow of value being
transferred through the Bitcoin network, understanding how this flow reflects
transfers of real-world value between different parties is particularly
challenging.
It may be possible, in some very limited circumstances, to associate transactions
to or from a particular Bitcoin address with a particular IP address. However,
traffic anonymising technologies can be used to make this more difficult16.
By contrast, it is entirely possible that the administrating authority of
centralised virtual currencies will retain information about virtual currency
transactions, such as the funding source, the virtual currency account to which
funds were transferred, records of transfers of virtual currency between
accounts or conversion of virtual currency into fiat currency. This is particularly
true in cases where the administrating authority is either directly exchanging
fiat currency for virtual currency or brokering such exchanges. In most cases,
however, the controls that virtual currency administrating authorities put in
place are primarily fraud prevention measures, rather than anti-moneylaundering measures. This issue will be discussed further in the next section.
3.3 Inadequate Transaction Records
As mentioned in the previous section, it is possible that the administrating
authority of centralised virtual currencies will retain information about
transactions. This may include information such as contact details for customers,
funding sources, records of transfers of fiat currency into virtual currency,
records of transfers of virtual currency value between accounts, records of
transfers of virtual currency into fiat currency or other virtual currencies.
16
https://www.torproject.org/
Module 2 : The Challenges Presented by Virtual Currencies
46
However, the absence of a regulatory obligation on administrators of virtual
currencies, as part of a comprehensive regulatory framework for virtual
currencies, means that the administrating authorities and currency exchanges
dealing in virtual currencies may not keep records that would typically be
retained by traditional financial institutions.
Indeed, there have been instances in the past where virtual currency exchanges
have not required any form of real-world identification of their customers. For
example, Liberty Reserve, which was shut down by the US Department of Justice
in May 2013, ostensibly required basic identifying information. However, it did
not validate identities. Users routinely established accounts under false names,
including blatantly criminal names (“Russia Hackers”, “Hacker Account”, “Joe
Bogus”) and blatantly false addresses (“123 Fake Main Street, Completely Made
Up City, New York”). Liberty Reserve further required users to make deposits
and withdrawals through particular third-party exchangers, generally either
unlicensed or in parts of the world with weak money-laundering oversight or
regulation regimes. By avoiding direct deposits and withdrawals from users,
Liberty Reserve managed to not collect information about them through
banking transactions or other funding activity17.
Even in cases where there is not deliberate efforts made to make transactions
anonymous in this way, the lack of a regulatory requirement to retain records
means that the administrating authorities and exchanges may not keep
information that would be vital to an investigation. In particular, information
on funding sources, transaction records and customer due diligence records
may only be retained for as long as the information is required commercially, if
it is gathered at all. Retention periods may therefore not be adequate for
investigative purposes, particularly cross-jurisdictional investigations.
Additionally, given the lack of regulation, there may be no obligation on the
administrating authorities/virtual currency exchanges to report suspicious
transactions.
3.4 Identifying that Virtual Currencies Have Been Used
The relative obscurity of virtual currencies (relative to cash, payment cards or
even other forms of online payment) may present a challenge to identifying that
virtual currencies have been used to launder funds.
Knowing that suspects may have used virtual currencies to launder crime
proceeds requires awareness on the part of the investigating authorities of the
17
“Manhattan U.S. Attorney Announces Charges Against Liberty Reserve, One of World’s
Largest Digital Currency Companies, And Seven Of Its Principals And Employees For
Allegedly Running A $6 Billion Money Laundering Scheme”, US Department of
Justice, May 2013. (Source:
http://www.justice.gov/usao/nys/pressreleases/May13/LibertyReservePR.php?print=1)
Module 2 : The Challenges Presented by Virtual Currencies
47
capabilities of virtual currencies, as well as the technical capacity to gather the
required evidence. The investigative tools, such as red flags/indicators can be of
assistance in helping to identify the use of virtual currencies.
Further, an appropriate legal basis for the detection of laundering funds through
virtual currencies must also be available.
3.5 Complex/Obfuscated Transaction Patterns
The dissociation of virtual currency accounts from real-world identities,
combined with the ability for an individual to create an arbitrary number of
accounts enables the development of novel, complex layering transaction
patterns.
Consider, for example, the fact that any Bitcoin user can create any number of
addresses that they want. Transactions between two addresses, both of which
are controlled by the same individual are indistinguishable from transactions
where different individuals control the two addresses. Therefore, it is possible
in principle for someone to create, for example, 100,000 Bitcoin transactions
between addresses they control before converting the bitcoins into another
form. Reassembling such a chain of transactions, particularly if it needs to be
done manually, would be at least very time consuming, if not impossible. Such a
technique may form part of a complex laundering technique involving multiple
individuals, virtual currencies and so on.
As well as the primary trade in virtual currencies that takes place with
administrating authorities or virtual currencies exchanges, secondary trade in
virtual currencies, such as the use of online auction sites or other trading
forums, also creates opportunities for increasing the complexity of transaction
patterns.
3.6 No Funding Limits
In the case of centralised virtual currencies, the administrating authorities may
introduce funding limits, but these are typically a fraud management measure18.
Similarly, virtual currency exchanges may have funding limits for newly
established accounts but again these are typically for the purposes of fraud
management.
Arbitrary amounts of money can be transferred without limit or oversight using
decentralised virtual currencies. With Bitcoin, for example, the amount of a
transaction makes no difference to the technique used to execute the
transaction. As long as the holder of a certain Bitcoin address can prove
18
https://secondlife.com/my/lindex/describe-limits.php (Requires logging in with a Second
Life account).
Module 2 : The Challenges Presented by Virtual Currencies
48
ownership of a certain number of bitcoins, they can transfer all of that value to
one or more other Bitcoin addresses, irrespective of the amount of bitcoins
involved.
Module 2 : The Challenges Presented by Virtual Currencies
49
4 Typologies
Having discussed in the previous section the threats that virtual currencies
present to detection and investigation of laundering crime proceeds, this section
examines some of the techniques used by criminals to exploit these threats. Two
important typology studies have been carried out that have gathered case
studies and typology reports from FIUs in various jurisdictions. These are:
1. “Money Laundering Using New Payment Methods”, published by the
FATF in October 201019 (Referenced to below as FATF-NPM).
2. “Criminal money flows on the Internet: methods, trends and multistakeholder counteraction”, published by the Council of Europe Global
Project on Cybercrime and MONEYVAL in March 201220 (Referenced
below as COE-CMF).
This section is an analysis of these two sources, focussing on the typologies
discussed therein. The case studies provided in this section are primarily drawn
from these two documents.
4.1 The Use of Virtual Currencies
The definitions of digital/electronic currency used in the COE-CMF report differ
from the ones being used here. The definition of digital/electronic currency
used there is:
“Digital or electronic currencies refer to a value exchange system that operates
electronically. Electronic currency is encrypted code representing the value
attacked to the certain “account”, just as regular banknotes are a piece of paper
carrying certain characteristics that transform it in a symbol of value.”21
Even though this definition is different to the ones being used in this study, it is
clear that the phenomenon being referred to is the same one. Therefore, to a
first approximation, we can say that “Digital/electronic currency” in COE-CMF
refers to “digital currency” as per the definitions in Module 1. Recall that “Digital
currency”, as defined in Module 1, is a term that encompasses both “virtual
currencies” and “electronic money”.
“Money Laundering Using New Payment Methods”, FATF-GAFI, October 2010. (Source:
http://www.fatfgafi.org/media/fatf/documents/reports/ML%20using%20New%20Payment%20Methods
.pdf)
20 “Criminal money flows on the Internet: methods, trends and multi -stakeholder
counteraction.”, Council of Europe Global Project on Cybercrime and MONEYVAL,
March 2012. (Source:
http://www.coe.int/t/dghl/cooperation/economiccrime/cybercrime/documents/reports presentations/MONEYVAL_2012_6_Reptyp_flows_en.pdf)
21 COE-CMF, Section 3.1.7, Paragraph 181.
19
Module 2 : The Challenges Presented by Virtual Currencies
50
As mentioned in Section 3 above, the fast, irreversible and anonymous nature of
virtual currencies make them an attractive laundering technique for criminals.
This was highlighted as follows:
“Cyber criminals and money launderers tend to use systems such as digital or
electronic currency which afford varying degrees of anonymity depending upon
the issuer, and typically afford them instant clearing and little or no chance of
reversed charges. Some of the systems historically used by the criminal
underground include, but are not limited to, e-Gold, WebMoney.ru, Liberty Dollar,
Pecunix, Liberty Reserve, Fethard and E-Bullion.”22
The same point is made in FATF-NPM as follows:
“Anonymity, high negotiability and utility of funds as well as global access to cash
through ATMs are some of the major factors that can add to the attractiveness of
NPMs for money launderers. Anonymity can be reached either “directly” by
making use of truly anonymous products (i.e., without any customer
identification) or “indirectly” by abusing personalised products (i.e., circumvention
of verification measures by using fake or stolen identities, or using strawmen or
nominees etc.).”23
New Payment Methods (NPMs) are defined as prepaid cards, mobile payments
and Internet payment services. Internet payment services are defined as
including digital/electronic currencies24. Once again, it is clear from this
document that the phenomenon being referred to is the same as the one defined
by the term “virtual currency” in this study.
Notwithstanding any differences in terminology that may be present, multiple
case studies involving the use of virtual currencies to launder crime proceeds
are provided in the two referenced typology studies. These will be discussed in
the following sections.
4.2 Administrating Authorities and Currency Exchangers
Virtual currency administrators and exchanges are regulated to varying degrees
in different jurisdictions. Considering the inherently international nature of
virtual currencies, this presents a challenge from the perspective of detection
and investigation of crime proceeds. This issue is highlighted at several
locations in COE-CMF. For example:
22
Reported by the USA in COE-CMF (Paragraph 186).
FATF-NPM, Executive Summary, Paragraph 5
24 FATF-NPM, Section 2.2, Paragraphs 43-45.
23
Module 2 : The Challenges Presented by Virtual Currencies
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“Numerous responding jurisdictions indicated that Internet based payment service
providers are insufficiently regulated and supervised with regards to AML/CFT
obligations. Weak or non-existent regulatory controls in the operating
environment is a key risk factor for both institutions and jurisdictions, coupled
with non-existent or inadequate sanctioning regimes.
One of the difficulties in licensing and supervising those entities resides in the fact
that often the jurisdiction of registration is different from the jurisdiction of
operation. In some cases even the lack of specific legal provisions directed to such
payment services suppliers could be an issue.”25
Another typology highlighted in FATF-NPM related to the administrating
authorities and currency exchangers is the issue of complicit providers or their
employees.
“A number of submitted cases feature prepaid card and IPS 26 providers or their
employees, which are controlled by criminals and wilfully or recklessly assisting
money laundering and terrorist financing activities. In such cases, market entry
restrictions such as fit and proper tests have failed or are not applicable to the
respective entity under that jurisdiction.”27
A case study of a complicit currency exchange was also cited. This case study is
reproduced below.
Finally, COE-CMF draws specific attention to the fact that virtual currency
exchanges, particularly those that offer the service of converting from one
virtual currency to another, are a particular risk:
“The easy conversion to various virtual currencies and accounts by so-called
“exchangers” offers an effective opportunity to criminals to conceal illegal
funds.”28
In summary, the following bullet points highlight the typologies associated with
virtual currency administrating authorities and currency exchanges:
1. Legally or commercially structuring the administrating authority or
currency exchange to exploit poor regulatory regimes.
2. Service providers or their employees being complicit in the laundering.
3. Converting between virtual currencies at a virtual currency exchange.
25
COE-CMF, Section 2.4.3, Paragraphs 118-119. Also see Section 2.4.4.
Internet Payment Service
27 FATF-NPM, Section 4.3, Paragraph 130.
28 COE-CMF, Paragraph 187 (Reported by Germany)
26
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Case Study: Complicit Providers or Their Employees
“Case 33: Money laundering through a digital precious metals provider.
In 2008, an Internet-based digital currency business, and its three principal
directors and owners, pleaded guilty to criminal charges relating to money
laundering and the operation of an illegal money transmitting business.
Several characteristics of the digital currency business operation made it
attractive to users engaged in criminal activity, such as not requiring users to
provide their true identity, or any specific identity. The digital currency
business operation continued to allow accounts to be opened without
verification of user identity, despite knowing that the business was being used
for criminal activity, including child exploitation, investment scams, credit card
fraud, money laundering and identity theft. In addition, the digital currency
business assigned employees with no prior relevant experience to monitor
hundreds of thousands of accounts for criminal activity. They also participated
in designing a system that expressly encouraged users whose criminal activity
had been discovered to transfer their criminal proceeds among other accounts
of said digital currency business. Unlike other IPS providers, the digital
currency business operation did not include any statement in its user
agreement prohibiting the use of its services for criminal activity.
Source: United States.”29
4.3 Third Party Funding
Both FATF-NPM and COE-CMF discuss the fact that the availability of person-toperson transfers as a funding source for virtual currency purchases may allow
complicit third parties to fund virtual currency accounts for the purposes of
laundering crime proceeds.
COE-CMF has a lengthy discussion on the use of money mules to facilitate
laundering of crime proceeds on the Internet. The use of money mules is
summarised as follows:
“Mules receive in the bank accounts funds from, for example, a compromised
online bank accounts [sic] and can either forward the funds to other accounts or
withdraw the funds as cash and subsequently using another means such as a
money transmission system or digital currency. The mule keeps a commission as
part of the transaction.”30
29
30
FATF-NPM, Page 45.
COE-CMF, Section 3.1.5, Paragraph 168.
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Note that COE-CMF highlights in particular the fact that funds being handled by
the mule may be used as a funding source for virtual currency.
The third parties may either be willing participants in the laundering or may
have been unknowingly tricked into acting as a mule. A common technique to
recruit unknowing money mules is through the advertising of fake employment
positions on recruitment websites. These positions often define roles using
terms such as “financial manager” or “work at home”.
Case Study: Digital Currency Laundering by Nominee
“Case 11: Use of digital currency account to facilitate Internet fraud and money
laundering
A young person, acting as a nominee, opened a digital currency account to
enable him to receive the proceeds of Internet banking thefts from an offshore
associate. He then attempted to redeem the value of the digital currency
account by requesting the digital currency exchanger to provide him with
postal money orders. In an effort to conceal his identity he informed the cash
dealer that he had lost his passport and requested that the exchanger call a
money service business and inform them that a person matching his
description would present himself to collect the money orders at a particular
time. It is believed that he was not going to send money offshore but would
keep the proceeds for himself. He has been arrested and prosecuted.
Source: Australia.”31
Case Study: Online Banking Fraud with Laundering
Involving Mules and Virtual Currencies
“A bank offers online banking services to their customers, so that they can
manage and make transfers from their homes via computers. Some customers
had their account “hacked” and money was transferred from their account to
accounts in other countries. The computers of the victims had been infected
with malware which allowed the theft of account credential and other
personal information (probably as part of a botnet). The international
investigation conducted in the involved countries revealed a large and complex
31
FATF-NPM, Page 39.
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system of money mules spanning at least ten countries and large amounts of
stolen money.
Mules were recruited via spam in different languages offering easy gain of
money. Those who responded were contacted by telephone via Voice-overInternet-Protocol (VOIP) which is difficult to intercept and for which bills had
been paid with skimmed credit or stolen debit cards. The “first level” mules
were asked to open a bank account. Within a few days they received money on
this account. They were contacted again and instructed to withdraw the
money and transfer it via money remittance providers to a given address in
Eastern Europe jurisdictions. In Belgium, this breaking of the paper trail is
considered money laundering.
The “second level” mules, in this case most of them located in Eastern European
jurisdictions, withdraw the money and give it in cash to a third person, the
“money collector”. Neither the first nor the second level mules know any details
about the origin of the money. The money collector is electronically informed
about the amount to be received, the transaction code of the money remittance
provider, and of the name and address of the first and second level mules. The
money collector transfers the money to a fourth person, the e-banker, who
converts it to WebMoney.
In the case investigated, the money collector received US$ 150,000 within two
months.
All these processes appear to be very well organised and automatically
followed up, so it can be assumed that the organisation involves a central data
manager or similar.
Source: Belgium”32
4.4 Exploitation of the Non-face-to-face Nature of Virtual
Currencies
Most involvement with virtual currencies involves minimal, or zero, face-to-face
contact. This can give rise to situations where the virtual currencies can be
abused by criminals for money-laundering purposes.
One category of exploitation that can take place involves the scenario where
criminals gain control of the accounts of legitimate users and perform
transactions. FATF-NPM contains two distinct cases where this is reported to
take place:
32
COE-CMF, Page 49.
Module 2 : The Challenges Presented by Virtual Currencies

55
The first case is where non-virtual currency accounts of legitimate
customers are compromised, money is stolen and used to fund virtual
currency accounts, reported as follows:
“In a number of cases NPM products were used to launder illicit proceeds
gained from fraud following identity theft or from stealing money from
bank accounts or credit/debit cards using computer hacking or phishing
methods. Since the bank accounts or credit and debit cards were held in the
names of legitimate customers, the criminals were able to use them as
reference accounts for the funding of prepaid cards or IPS accounts. In such
instances, the NPM providers could not detect that the transactions were
actually not initiated by their legitimate customer, or detect any other
suspicious activity.”33

The second case is where the identities of legitimate customers are
compromised and used to create virtual currency accounts, which are
then used as transit accounts to launder illegal proceeds. This is reported
as follows:
“In other cases, stolen or fake identities were used to create NPM accounts
which were also used as transit accounts in the laundering of illegal
proceeds, or to commit both criminal activities (e.g. fraud) and money
laundering at the same time.”34
The second category of exploitation of the non-face-to-face nature of NPM
accounts revolves around the exploitation of the anonymous nature of some of
these services. This is highlighted as an issue in COE-CMF as follows:
“In some jurisdictions e-money payment services can be used anonymously. It
should also be noted that e-money circulates outside banks and, as such, outside
the bank supervision system. Banks serve as agents, letting the money in or out of
the e-payment systems, and in certain cases – as “issuers”/emitters of e-money.”35
Contrary to the specific point made in COE-CMF, there appears to be very
limited evidence of engagement between financial institutions and virtual
currencies36. In fact, an increasing number of central banks are warning against
their use37. The use of e-money (digital representations of fiat currency), as
33
FATF-NPM, Section 4.2, Paragraph 126
FATF-NPM, Section 4.2, Paragraph 127
35 Reported by Russian Federation in COE-CMF, Paragraph 189
36 “Bitcoin exchange gains clearance to operate as a real bank in France”, The Verge,
December 2012. (Source: http://www.theverge.com/2012/12/7/3740136/bitcoinexchange-bank-france-bitcoin-central).
37 http://www.virtualcurrencyreport.com/files/2014/03/Virtual-Currencies_International34
Module 2 : The Challenges Presented by Virtual Currencies
56
opposed to virtual currencies, is of course increasingly common but this form of
digital currency would fall within the formal financial supervision system.
To summarise, the typologies associated with the non-face-to-face nature of
virtual currencies can be categorised as follows:
1. Exploitation of the inherently anonymous nature of some virtual
currencies. Decentralised virtual currencies such as Bitcoin have a high
degree of inherent anonymity. This is based primarily on the fact that
there is no association between a Bitcoin address and a real-world
identity.
2. Exploitation of the ability to anonymously fund virtual currency accounts.
Both centralised and decentralised virtual currencies may be
anonymously funded, due to both the non-face-to-face nature of the
relationship (discussed in this section) as well as the risk of funding by
third party sources (discussed in Section 4.3).
Case Study 1
“The Ministry of the Interior received information from WM Transfer company
that an unidentified user of their system violated the contract with the
administrators of system and committed stealing of funds to the amount of $60
000 from the company’s account, and opened in US payment system E-GOLD.
The offender replenished the account of a credit card using the WM Transfer
payment system service, and then cashed in the money.
Law enforcement agencies detained an individual who attempted to receive
money of the amount of $14 000 in a bank, illegally using the passport and
payment card of another person. The passport, sim-cards for mobile phone and
bank payment card were confiscated. An IP address was identified, through
which an illegal access to Internet and use of computer equipment were
conducted. The equipment was used with a purpose to appropriate one’s
property (title marks of “exchange office” purse) involving fraud.
As a result of the investigation, the Ministry of Interior initiated a criminal case
under Article 361, Chapter 2 of the Criminal Code. Two individuals were
apprehended: a person of Caucasian region, who organized the withdrawal of
money through the ATM network using counterfeit and lost passports of
citizens of Ukraine; and another person, who was convicted for a term of 3,5
years for committing an analogical offense and was released due to the
Chart.pdf
Module 2 : The Challenges Presented by Virtual Currencies
57
probation period. The criminal case with indictment was forwarded to court.
Source: Ukraine”38
Case Study 2
“Case 25: Laundering of illicit proceeds through a digital currency provider.
In 2009, the suspect illegally accessed individual’s Internet banking accounts
and instructed the computer system to remit about JPY 740 000 (USD 8 300) to
a digital currency exchanger to get e-currency units. Then, the suspect sold off
a portion of the e-currency units to another digital currency exchanger to get
real money. Finally the suspect made the digital currency exchanger deposit
the money into some bank accounts that were acquired illegally and controlled
by him.
Source: Japan.”39
4.5 Relationship to Other Laundering Methods
Following on from the previous point, virtual currencies can be used in
combination with other payment technologies, particularly the use of prepaid
cards as a funding source, to incorporate multiple laundering methodologies
into the process of laundering crime proceeds. This is particularly highlighted in
FATF-NPM as follows:
“Internet payment services are increasingly interconnected with different
new and traditional payment services. Funds can now be moved to or from a
variety of payment methods, ranging from cash, money remittance businesses (e.g.
Western Union), NPMs, bank wire transfers, and credit cards. Furthermore, some
IPS providers have started to issue prepaid cards to the customers, this granting
them access to cash withdrawal through the worldwide ATM networks.”40
[emphasis shown is present in the source document].
The same issue is addressed in COE-CMF:
38
COE-CMF, Page 52
FATF-NPM, Page 43.
40 FATF-NPM, Section 2.2, Paragraph 47
39
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“Unlike traditional money laundering schemes involving the use of the banking
system, cyber laundering relies on various types of operations and financial
services providers, ranging from bank transfers, cash withdrawals/deposits, the
using e-currencies to money mules and money remitting services. Therefore, the
detection and pursuit of the criminal money flows is much more difficult for law
enforcement agencies.
Often the chain is “broken” by cash operations performed traditionally by money
mules followed sometimes by the use of a traditional payment service. If the
respective payment service is integrated with the Internet payment service
provider, then the money could immediately be exchanged into e-currency ant
[sic] transferred almost anonymously to other country.”41
To highlight this point, several additional case studies are reproduced in the
following sections where multiple laundering techniques, including virtual
currencies, are used to create complex laundering schemes.
Case Study 1
“Case 30: Suspected use of IPS (including digital precious metals) and openloop prepaid cards to launder proceeds of fraud schemes.
This case was initiated following the receipt of information from law
enforcement and a foreign financial intelligence unit (FIU) which indicated
that a Canadian IPS provider, its subsidiary in the United States and other
associated entities were suspected of laundering illicit proceeds derived from
pyramid schemes (Ponzi schemes) and telemarketing fraud schemes.
It was revealed that the Canadian IPS also had subsidiaries in a European and
an Asian country. In addition it was found that at least five digital currency
exchanges (located in Canada, the United States and a Northern European
country), two digital precious metal providers (United States), three open-loop
prepaid cards providers (in Canada and the United States) were knowingly or
unknowingly used in this complex money laundering scheme. One of the
prepaid card providers was found to have offered its product for the use of a
virtual world’s gamers who could fund their virtual world accounts and
withdraw their virtual currencies into real currencies directly at ATMs.
Generally, funds sent from foreign countries to Canadian bank accounts held by
the Canadian IPS and prepaid card providers were either used to load prepaid
cards or to settle accounts with other IPS or prepaid card providers located in
other countries. In some instances, suspicious funds entered the financial
41
COE-CMF, Section 2.4.5, Paragraphs 130-131
Module 2 : The Challenges Presented by Virtual Currencies
59
system in Canada and appeared to be then layered through other countries,
sometimes coming back to Canada.
Suspicious transactions included large deposits of cash and bank drafts often
followed by international electronic funds transfers (EFTs) and the layering of
illicit funds through EFTs sent between various bank accounts.
Source: Canada.”42
Case Study 2
“Case 31: Laundering of illicit funds through digital currency and prepaid
cards
Within the scope of an investigation, an international group of offenders
transferred illegally-obtained money through a financial service provider to
Eastern European countries, where it was withdrawn by members of the group
and converted into electronic currency through digital currency exchangers.
The digital currency was then transferred to accounts held by offenders with a
financial service provider handling electronic currency in the countries
involved. In co-operation with a bank located in an offshore region this
financial service provider issued MasterCard “Cirrus-cards” (prepaid cards),
which were acquired anonymously and loaded with electronic currency. The
cards could be used worldwide in payment transactions at points-of-sale (POS)
and cash dispensers which accept “Cirrus”.
In this way, the flow of illegally obtained money was effectively concealed, and
the offenders were able to access the secure illicit money promptly and
anonymously.
Source: Germany.”43
42
43
FATF-NPM, Pages 44-45.
FATF-NPM, Page 45.
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60
5 Investigative Challenges
The previous sections discussed the threats presented by virtual currencies and
examined some techniques used by criminals to exploit these threats to launder
crime proceeds. The detection and investigation of laundering of crime proceeds
using virtual currencies presents some unique challenges, and in this section,
these challenges will be highlighted.
5.1 Lack of Knowledge
There is limited awareness among investigators and prosecutors of the
existence and capabilities of virtual currencies, as well as the tools and
techniques to effectively perform investigations involving virtual currencies.
Further, considering the relatively novel nature of these currencies, there are
very few individuals with experience dealing with virtual currency
investigations.
Challenges related to the availability of training in the appropriate topics, as
well as how to integrate such training into the careers of the relevant
professions, have also been highlighted previously44.
This manual is intended, in part, to address this lack of training material.
5.2 Reliance on Electronic Evidence
The core enabler for the use of virtual currencies is information and
communications technology. Virtual currencies operate primarily in the online
environment; all such transactions, at some point, involve computer systems
and data. There is virtually no paper trail available, except for a limited set of
operations that involve exchange of virtual currency into fiat money, or vice
versa, and relevance of such paper trail in terms of virtual currency-related
investigations is similarly limited. Therefore, in terms of illegal use of virtual
currencies, evidence of crime will be almost exclusively in the form of electronic
evidence, which is an important concept for law enforcement and financial
intelligence units alike.
Electronic evidence is information generated, stored or transmitted using
electronic devices that may be relied upon in court.45 In contrast to traditional
See, for instance, “Cybercrime training for judges and prosecutors: a concept”, Council of
Europe, October 2009. (Source:
http://www.coe.int/t/dghl/cooperation/economiccrime/cybercrime/Documents/Training/
2079_train_concept_4_provisional_8oct09.pdf)
45 UNODC Comprehensive Study on Cybercrime, pp. 157 et seqq. See also, “Electronic
Evidence Guide: A basic guide for police officers, prosecutors and judges,” produced
44
Module 2 : The Challenges Presented by Virtual Currencies
61
forms of evidence that are routinely introduced in criminal proceedings, such as
documents, photographs, witness statements and so on, electronic evidence is
sourced from computer systems and their peripheral devices. Such systems and
devices may be vastly different in terms of technology and operation, including
computer networks, mobile phones, digital cameras, data storage devices, cloud
storage, and Internet as such – these all create, process and store information
that can be used as electronic evidence.
In terms of evidentiary challenges, electronic evidence in general is not different
from other, traditional forms of evidence, that is has to be authentic, admissible
and relevant to the case. However, electronic evidence possesses some unique
characteristics that distinguish it from other forms of evidence, and those are
extremely relevant in the context of investigation of virtual currency-related
offences:
Difficult traceability: Electronic evidence is often found in places where only
specialists would search or locations reachable only by means of very specific
tools. Digital forensics of electronic evidence requires specific tools that are
tailored not only as to production of expert reports of already secured evidence,
but also those that are geared toward examination and analysis of raw, unsorted
and seemingly unconnected data found in computer systems;
Necessity for specialist insight: Without necessary expert knowledge and
experience, information found in computer systems may be impossible to
extract in a manner that ensures that the relevant information is truthful and
has not been manipulated or tampered with. Specialist insight is also necessary
to identify and properly process related evidence that may be relevant to
investigation. In virtual currency investigations environment, this also has
additional implication that knowledge of finance, taxation and/or moneylaundering techniques and practices is highly important;
High volatility: Computer systems that create, process and store electronic
evidence routinely destroy existing data every time a specific event happens, for
example, an automated update system overwrites old information in order to
leave spaces to store new information. Therefore, the challenge is to properly
secure the devices on which electronic evidence might be stored in a timely
manner before crucial data is lost;
Susceptibility to alteration: Computer systems and devices constantly change the
state of their memories, be it on user request (e.g. saving, copying, updating
operations) or automatically by the computer operating system (allocation of
space, temporary storage of information for swapping, planned update process,
by EU/COE Joint Project on Regional Cooperation against Cybercrime, p. 11 (Source:
http://www.coe.int/t/dghl/cooperation/economiccrime/cybercrime/Documents/Electroni
c%20Evidence%20Guide/default_en.asp)
Module 2 : The Challenges Presented by Virtual Currencies
62
etc). This characteristic is important for understating of the temporal
limitations and states of electronic evidence, and for ability to handle such
evidence in an appropriate way from the moment it is identified, as relevant for
an investigation;
Unlimited copying: digital information can be copied indefinitely and each copy
will be a precise, flawless copy of the original. This unique attribute is a
challenge in terms of initial positioning, where court or other party may request
the original evidence as authentic. However, once the concept of equality of the
original and cope of the computer date – and resulting evidence – is properly
established, this challenge can turn into an advantage, which allows multiple,
exact copies of the original to be distributed and analysed by different
specialists at the same time, and to be presented as-is in a court along with the
specialist witness report.46
The capacity to investigate cases involving virtual currencies will therefore
depend on the availability of specialised units to gather and analyse the
electronic evidence. Selection of appropriate staff, maintaining an appropriate
level of expertise through training of staff and investment in equipment and
other resources are highlighted as three key issues in enhancing the capability
of such a specialised unit47.
5.3 Legislative Loopholes
One has to argue that the biggest legislative loophole in terms of virtual
currency-related offences is the lack of regulation and directly applicable laws.
This section of the manual, however, is not intended to address issues of
regulation, as already discussed in Module 1 of this manual; nor does it address
the available substantive and procedural tools and regulations for investigating
virtual currency-related offences, which is a subject of Module 3 of this manual.
Rather, it is important to focus on the matters that relate to the rules of evidence
in the context of securing and processing electronic evidence.
First of all, the challenge is the general availability and practical application of
the concept of electronic evidence in national criminal justice systems. A
preferred approach, of course, is to guarantee the recognition and applicability
of electronic evidence in criminal proceedings by specialized definitions in
criminal procedure legislation. For the most of the cases, however, the legal
practitioners have to ensure that electronic evidence is properly recognized in
46
47
Electronic Evidence Guide, pp. 11-12.
Sections 6.4, 6.5 and 6.6 of “Specialised cybercrime units – good practice study”. Council
of Europe, CyberCrime@IPA project report. (Source:
http://www.coe.int/t/DGHL/cooperation/economiccrime/cybercrime/Documents/Report
s-Presentations/Octopus2011/2467_HTCU_study_V30_9Nov11.pdf)
Module 2 : The Challenges Presented by Virtual Currencies
63
the national criminal justice system by an analogy, i.e. within the overarching
concept of “documents” or “information”, and is admissible in criminal
proceedings based on the same standards and procedures (rules of evidence) as
are applicable to other, established an recognised forms of evidence.
Furthermore, one of the important and often neglected aspects of admissibility
of electronic evidence lies beyond criminal law and procedure framework and is
generally related to recognition of electronic documents as legitimate sources of
data and evidence. However, internationally accepted standards relating to
electronic documents often require qualified electronic signatures so that
signed documents can have equal legal standing to physical, paper-based
documents in official proceedings,48 which may lead to additional admissibility
requirements that may prove difficult to prove in courts of law. In essence,
there should be consideration by the investigators and prosecutors involved in
investigation of criminal use of virtual currencies as to admissibility of
electronic documents in criminal proceedings, from the perspectives of format,
content or level of national regulation, as valid electronic evidence.
The concept of electronic documents is particularly important in financial
investigations involving virtual currencies, since many of the leads and
materials that may not be introduced into evidence later (for strategic or
procedural purposes), but could have been or will be used for financial or
criminal intelligence, may be in the format that is different from accepted
format of officially recognised documents. Such concerns can potentially be
used by the defence in criminal cases to undermine the evidentiary weight of
introduced evidence.
Last but not least, electronic evidence, similar to traditional categories of
evidence, shall not be subject to changes, deletions, additions or other
alterations that have a significant impact on the form and content of such
evidence. However, the very nature of data and information held in electronic
form makes it easier to manipulate than traditional forms of data. This creates
specific issues for the justice system and requires that the handling of such data
is carried out in a manner that ensures the continued integrity of the
information may be maintained and proved.49 In this respect, the challenge of
electronic evidence in virtual currency-related investigations is the compliance
with the official standards of proof. In particular, standards of proof in criminal
cases are often constructed in a manner that relies heavily on traditional
evidence, while high volatility and possibilities of alteration of electronic
evidence have impact on the compliance of such evidence even for the lowest
standards of proof (“reasonable doubt”, “reasonable suspicion” or “probable
48
Directive 1999/93/EC of the European Parliament and of the Council of 13 Decemb er
1999 on a Community framework for electronic signatures (Source: http://eurlex.europa.eu/legal-content/EN/ALL/?uri=CELEX:31999L0093)
49 Electronic Evidence Guide, pp. 10.11.
Module 2 : The Challenges Presented by Virtual Currencies
64
cause”). Law enforcement has to assume by default that the defence will be
prepared to attack the admissibility of electronic evidence based on the
standard of proof, and more so in case of decentralized virtual currencies that
base their transactions on the anonymity of users. It has to be always kept in
mind that any evidence, which can be potentially struck out of the case due to
the lack of compliance with the standards of proof, may have detrimental effects
for the entire case.
5.4 Regulatory/Supervisory Challenges
The requirement for financial institutions to be regulated for compliance to
anti-money-laundering best practice is well understood and published. In
particular:
“Other financial institutions should be licensed or registered and adequately
regulated, and subject to supervision or monitoring for AML/CFT purposes, having
regard to the risk of money laundering or terrorist financing in that sector. At a
minimum, where financial institutions provide a service of money or value transfer,
or of money or currency changing, they should be licensed or registered, and
subject to effective systems of monitoring and ensuring compliance with national
AMF/CFT requirements.”50
By the definition used by the FATF, there is no doubt that centralised virtual
currency providers fall within the definition of financial institutions51. On the
other hand, the situation is much less clear in the case of decentralised virtual
currencies. To use the terminology of the FATF definition above, there is no
financial institution providing a service of money or value transfer, or of money
or currency changing. Nevertheless, a service of value transfer exists (the
Bitcoin network itself), supported by services of currency changing (provided
by virtual currency exchanges that buy/sell bitcoins).
To further compound the problem, even if an appropriate legislative basis for
regulation of decentralised virtual currencies exists, implementing supervisory
or regulatory oversight of such currencies presents significant practical
challenges due to the absence of any form of centralised administrating
authority.
5.5 Prosecution and Adjudication of Offences
Challenges related to prosecution of virtual currency offences are not radically
different from applicable investigative challenges, since all GUAM member
Recommendation 26, “International standards on combating money laundering and the
financing of terrorism & proliferation – The FATF Recommendations”, FATF-GAFI.
51 “Guidance for a Risk-Based Approach to Prepaid Cards, Mobile Payments and Internet Based Payment Services.”, FATF-GAFI, June 2013. (Source: http://www.fatfgafi.org/media/fatf/documents/recommendations/Guidance-RBA-NPPS.pdf)
50
Module 2 : The Challenges Presented by Virtual Currencies
65
states have criminal procedure systems in which prosecutors exercise guidance
and supervision in all criminal investigations.52 Therefore, all of the above
challenges noted with relation to electronic evidence would be dealt with,
depending on stage on the proceedings or the role specifically assigned by law,
either by investigators or prosecutors. At the same time, some of the specific
powers of prosecutors in national criminal justice systems warrant a closer look
in terms of virtual currency-related offences.
The prosecutors are empowered by law and routinely use discretion in dealing
with criminal cases.53 Discretionary prosecution means application of public
interest standards to specific criminal cases in order to decide on initiating or
continuing prosecution or to divert the perpetrator into alternative solutions.
This would be particularly relevant in cases that potentially involve moneylaundering through the use of virtual currencies. Since most of the predicate or
auxiliary offences in this regard could be cybercrime offences that are usually
addressed by significantly lesser sentences than money-laundering offences,
there is a bigger chance of termination of proceedings in exchange for
alternative proceedings. In these situations, legal practitioners should have a
view on the potential or existing evidence of money-laundering in order not to
undermine prospective prosecutions in favour of alternative adjudications.
Prosecutors in increasing number of jurisdictions are empowered to enter into
a plea agreement with the defendant.54 Plea agreements are increasingly
popular investigation and adjudication tools that allow defendant to receive
expedited administration of justice with significantly reduced sentences or
absolution of criminal responsibility through cooperation with investigation.
There are similar concerns with plea agreements in the context of virtual
currency-related investigations as there are for discretionary powers, that is,
there can be instances where defendants plead guilty to lesser charges of
cybercrime offences to avoid heavier money-laundering charges – and avoid
seizure of crime proceeds, too. However, plea agreements can be very effective
investigation tools, getting investigators access to information that would
otherwise require time-consuming and expensive efforts to uncover relevant
evidence.
Finally, the prosecutors have unique perspective on criminal proceedings in
terms of ensuring efficiency though, if necessary, establishment of joint
investigative teams comprising investigators and experts from various agencies
and backgrounds. Although there are undeniable benefits from bringing
52
Article 84 of the Criminal Procedure Code of Azerbaijan; Article 33 of the Criminal
Procedure Code of Georgia; Article 52 of the Criminal Procedure Code of Moldova;
Article 36 of the Criminal Procedure Code of Ukraine.
53 E.g., Articles 16 and 166-168 2 of the Criminal Procedure Code of Georgia;
54 E.g. Chapter XXI of the Criminal Procedure Code of Georgia; Chapter III of the Criminal
Procedure Code of Moldova.
Module 2 : The Challenges Presented by Virtual Currencies
66
together financial and cybercrime experts and investigators for cases of moneylaundering through the use of virtual currencies, a proper guidance may be
necessary to ensure efficient investigation due to radically different techniques
and methods used by relative professionals in securing and analyzing evidence.
In terms of judiciary challenges in criminal cases involving the use of virtual
currencies, these are not entirely relevant from the perspective of the legal
challenges as such. Mostly, these are more general concerns that relate to the
proper understanding by the judges of cybercrime and electronic evidence, and
the proper level of training and knowledge to deal with such cases.55
5.6 National Cooperation Issues
Throughout this manual, the express links between cybercrime and virtual
currency related crimes are explored. In fact, given the unregulated status of
virtual currencies in many jurisdictions, offences that involve or are predicate to
their illegal use can often lead to undefined or competing investigative
jurisdictions of several agencies, such as financial investigation, financial
intelligence, and high technology/cybercrime units. For this reason, primary
concerns that are relevant for combating cybercrime are similarly relevant for
virtual currencies, one of such prime examples being cooperation on national
and international levels.
National cooperation modalities are primary solutions for both crime
intelligence as well as prosecution of offences involving information technology.
Without proper cooperation, crime reporting, investigative actions, expertise,
recovery of proceeds as well as harm mitigation and future prevention would
have limited chances of success. At the same time, there are numerous potential
partners in national criminal justice systems and beyond, whose functions and
expertise are relevant in investigation of virtual currency-related offences.
The primary partners for law enforcement in detection and investigation of
virtual currency-related crimes are financial intelligence units (FIUs). FIUs are
specialized supervision agencies that receive reports of suspicious transactions
from financial institutions and other persons and entities, analyze them, and
disseminate the resulting intelligence to local law-enforcement agencies and
foreign FIUs to combat money-laundering.56, 57 The continuous focus of these
Council of Europe, “Judicial training: Introductory course on cybercrime and electronic
evidence for judges and prosecutors”, pp. 5-6 (Source:
http://www.coe.int/t/dghl/cooperation/economiccrime/cybercrime/documents/basic%20
training%20for%20judges/Cyber_JudTrain_Basic_course_Manual_V_1_0.pdf.)
56 International Monetary Fund/World Bank, “Financial Intelligence Units: An Overview”
(Source: http://www.imf.org/external/pubs/ft/FIU/fiu.pdf).
57 Recommendation 29 of “International standards on combating money laundering and the
financing of terrorism & proliferation – The FATF Recommendations”, FATF-GAFI,
February 2012. (Source: http://www.fatfgafi.org/media/fatf/documents/recommendations/pdfs/FATF_Recommendations.pdf)
55
Module 2 : The Challenges Presented by Virtual Currencies
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agencies on money-laundering and their specialized and up-to-date knowledge
of typologies and practices of money-laundering offences make them
particularly valuable sources of information and expert partners in
investigation of virtual currency-related offences. The other way around, in the
face of constantly evolving methods and practices of money launderers, as well
as emergence of new information technology solutions that facilitate
commission of money-laundering through cybercrime, financial intelligence
units, on their part, are in need of up-to-date knowledge and expertise of hightech crime units or other investigative agencies that deal with cybercrime
offences on a daily basis. However, the level of cooperation is far from desirable
at the moment.58
The need for similar partnerships is also highly relevant within the law
enforcement system, namely, cooperation between cybercrime units and
financial crime investigators.59 The primary challenge for such cooperation is
that often criminal and financial investigators belong to different institutions in
countries and utilize different methods for detection and investigation of
offences involving use of information technology. This is highly relevant in
terms of virtual currency-related investigations, since financial investigators
often rely upon methods of criminal intelligence and investigation that are
applicable to traditional, tangible forms of evidence, while cybercrime units are
very well versed in dealing with electronic evidence. The cooperation can be
also potentially beneficial due to unique expertise of financial investigators with
relation to financial fraud, taxation and accounting offences, and knowledge of
organized crime groups can be highly relevant criminal intelligence sources in
investigations focusing on illegal use of virtual currencies.
In terms of criminal intelligence, there are increasing instances of cooperation
between high tech/cybercrime units and national Computer Security Incident
Response Teams (CSIRTs). CSIRTs are key specialist groups that are
instrumental in protection of national critical information infrastructures
through a variety of methods, mostly focusing on prevention, handling and
mitigation of consequence of cyber-security incidents. 60 CSIRTs process
enormous amount of data, received from national monitoring mechanisms as
well as international databases (such as Shadowserver or Arbor Networks),
about computer security incidents and vulnerabilities of computer systems. In
the context of virtual currencies, CSIRTs can be engaged as expert knowledge
partners in terms of analysis of malware, hacking tools and known
vulnerabilities of computer systems, as well as sources of information about the
Council of Europe/MONEYVAL, “Criminal money flows on the Internet: methods, trends
and multi-stakeholder counteraction”, p. 6.
59 Council of Europe, “Strategic Priorities for the Cooperation against Cybercrime in the
Eastern Partnership Region, Cybercrime@EaP Porject” (Source:
http://www.coe.int/t/dghl/cooperation/economiccrime/Source/Cybercrime/CyberCrime
@EAP/2523_EAP_Strat_Priorities_V7%20ENG.pdf).
60 http://www.enisa.europa.eu/activities/cert.
58
Module 2 : The Challenges Presented by Virtual Currencies
68
hacker community that can be active in cybercrime for economic benefit.
However, many of law enforcement agencies are not aware of the existence of
CSIRTs and their operations in their own countries.
There are some other challenges that relate public-private cooperation in the
context of virtual currency-related investigations. The cooperation with Internet
Service Providers, being a primary source of subscriber information, traffic data
and other important electronic evidence, is often hampered by either legal
(confidentiality of user data, lack of legal mechanisms for preservation of
retention of data) or practical (unwillingness to cooperate with state authorities
due to lack agreements/memoranda, costs of specialized equipment for
preservation and/or retention, etc.) considerations. 61 Financial sector
institutions, which may be primary source of information and evidence about
financial transactions and money-laundering schemes, may be similarly
unwilling to cooperate for privacy reasons or may not have full understanding
of issues that involve information technology for the commission of virtual
currency-related offences.62 Consumer protection organizations that may be a
source for crime reporting in terms of e-commerce related offences (financial
fraud, including use of virtual currencies) may lack understanding of the
potential of formal cooperation arrangements with law enforcement. 63 These
and other instances of potential cooperation are discussed in more detail in
Module 3 of this manual.
5.7 International Cooperation Issues
Continuing with the theme of close links between virtual currency–related
offences and cybercrime, one of the most distinguishable features of these types
of offences is their transnational nature, where the elements of crime, offenders,
victims or evidence can be often scattered across various jurisdictions.
Therefore, international cooperation in the investigation of money-laundering
offences involving use of virtual currencies is often dependent on the
availability and expediency of international cooperation mechanisms between
investigative agencies and criminal justice institutions of respective
jurisdictions.
However, such cooperation is challenging for a number of reasons, not the least
of these being the general lack of regulation of virtual currencies. Where at the
national level, analogies can be used to address money-laundering, fraud and
cybercrime aspects of virtual currency-related offences, international
cooperation is based on the framework of international agreements that put
61http://www.coe.int/t/dghl/cooperation/economiccrime/cybercrime/documents/lea_isp/defau
lt_EN.asp.
Council of Europe/MONEYVAL, “Criminal money flows on the Internet: methods, trends
and multi-stakeholder counteraction”, p. 4.
63 http://www.ftc.gov/enforcement/consumer-sentinel-network.
62
Module 2 : The Challenges Presented by Virtual Currencies
69
time and effort into developing stringent definitions to which international
cooperation mechanisms must adhere. To put it differently, international
cooperation is far more formalized than national cooperation modalities.
Therefore, legal practitioners should take utmost consideration of these
circumstances so that the lack of understanding or recognition is not
detrimental to the expediency of such cooperation.
Another challenge is inherent in the nature of international cooperation,
especially in its formal sense that involves Mutual Legal Assistance (MLA) or
similar judicial proceedings in criminal cases.64 MLAs, whether based on bilateral or multi-lateral treaties, usually require lengthy and complex procedures
and formalities, and can be, for this very reason, frustratingly time-consuming in
the context of virtual currency-related investigations, with their focus on
electronic evidence which is highly volatile and susceptible to alteration in very
short periods of time. These issues and other international cooperation
modalities are discussed in more detail in Module 3 of this manual.
Similar challenges, although to a lesser extent, are relevant in the context of
police-to-police cooperation modalities and investigative cooperation in
advance of or beyond formal MLA procedures. While there are several
cooperation mechanisms available under different treaties for cybercrime (24/7
points of contact under the Council of Europe Convention on Cybercrime,65
Interpol contact points,66 G8 Network of high-tech crime units67) and moneylaundering (FIU-to-FIU cooperation), such cooperation modalities are often
under-utilized due to lack of knowledge on the part of law enforcement or
supervisory/regulatory authorities, or are, in many cases, inefficient in
providing timely responses to law enforcement requests due to discretionary
approaches in such cooperation.
In terms of public-private cooperation, there is also another, often neglected,
form of international cooperation that is directed toward foreign companies (i.e.
persons of private law), which may hold data that is relevant to the
investigation of virtual currency related offences, such as social networks,
communications companies that operate subsidiaries in the local market, e-mail
providers and similar, often global players. Particular challenge in this regard is
legally binding cooperation with parent companies of foreign origin: even if
legal acts and regulations are perfectly applicable to locally-based companies,
some of the important data may be directly processed and/or held by a parent
company, or another entity operating in a different jurisdiction. Unsurprisingly,
practice shows that foreign corporations are, unless bound by a formal
64
UNODC Comprehensive Study on Cybercrime, pp. 185 et seqq.
65http://www.coe.int/t/dghl/cooperation/economiccrime/cybercrime/documents/points%20of
%20contact/aboutpoc_EN.asp.
http://www.interpol.int/Crime-areas/Cybercrime/Cybercrime.
67 http://www.oas.org/juridico/english/cyb_pry_G8_network.pdf.
66
Module 2 : The Challenges Presented by Virtual Currencies
70
agreement of cooperation, less willing to cooperate with foreign law
enforcement than nationally incorporated companies.68 Therefore, securing
contacts and keeping in constant touch with any available local representations
are going to be important factors when access to information and evidence is
needed.
68
“Law Enforcement Challenges in Transborder Acquisition of Electronic Evidence from
“Cloud Computing Providers”, discussion paper prepared for the Council of Europe
(Source:
http://www.coe.int/t/dghl/cooperation/economiccrime/cybercrime/documents/reports presentations/2079_reps_IF10_reps_joeschwerha1a.pdf).
Module 2 : The Challenges Presented by Virtual Currencies
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6 Trends
The phenomenon of virtual currencies changes rapidly with some virtual
currencies and virtual currency exchanges closing down, while new ones are
starting up all of the time.
Virtual currencies have entered the awareness of the general public in a much
bigger way since the emergence of Bitcoin in 2009. Bitcoin was not the first
virtual currency, nor will it be the last.
The purpose of this section is to highlight some trends relating to the evolution
of virtual currencies over the past years.
6.1 Increasing Number of Virtual Currencies
As mentioned in Module 1, one of the first popular virtual currencies, E-Gold,
was established in 1996. E-Gold was a centralised virtual currency, along with
practically all other virtual currencies for the next thirteen years. The business
models of the various centralised virtual currencies differed but in all cases
there was either a central administrating authority or a centralised virtual
currency exchange.
The first cryptocurrency (Bitcoin) was established in 2009. The source code of
Bitcoin was made freely available and therefore anyone can create a
decentralised virtual currency either identical to, or based on, the Bitcoin model.
In the period between 2009 and 2014, many other cryptocurrencies have been
established. The following table shows, for example, the increasing number of
notable cryptocurrencies over time69:
Year
2009
2010
2011
2012
2013
Total Num.
Cryptocurrencies
1
1
3
4
8
2014
12
Names of Cryptocurrencies
Bitcoin
Bitcoin
Bitcoin, Litecoin, Namecoin
Bitcoin, Litecoin, Namecoin, Peercoin
Bitcoin, Litecoin, Namecoin, Peercoin,
Ripple, Dogecoin, Mastercoin,
Primecoin
Bitcoin, Litecoin, Namecoin, Peercoin,
Ripple, Dogecoin, Mastercoin,
Primecoin, Auroracoin, Vertcoin,
MazaCoin, Coinye
There is limited information available about the number of virtual currencies of
all types that exist. However, the following observations can be made:
69
http://en.wikipedia.org/wiki/Cryptocurrency#Notable_cryptocurrencies
Module 2 : The Challenges Presented by Virtual Currencies



72
Noting the trend highlighted in the table above, it is possible that over
the coming years there will be an increasing number of decentralised
virtual currencies created.
The business model of non-convertible, centralised virtual currencies
now has a number of well-established precedents (Second Life Linden
Dollars, World of Warcraft Gold, Project Entropia Dollars). There is no
reason to believe that other role-playing game owners or virtual world
administrators will not establish virtual currencies in future.
Amazon.com recently introduced a virtual currency known as Amazon
Coins. These can be used to purchase in-app items, e-books and other
items on the amazon.com website. Amazon Coins can also be transferred
to other users of amazon.com70. It is not clear how this business model
will evolve, but if it is successful for amazon, there is no reason to expect
that other large marketplace websites will not adopt a similar approach.
6.2 Increasing Availability of Virtual Currencies
In order to purchase a virtual currency, all that is required is a funding source
that is acceptable to a virtual currency exchange selling the virtual currency of
interest. As mentioned in Module 1, virtual currency exchanges are available
that accept a wide range of possible funding sources including other virtual
currencies, bank transfers, money remittance providers, payment cards, cash
and other Internet payment services such as PayPal. The increasing number of
available funding sources means that an increasing number of people will have
the option to acquire virtual currencies should they wish to.
Bitcoins, for example, are available for purchase in a wide array of countries. At
the time of writing, list of virtual currency exchanges are available online to
facilitate the purchase of bitcoins in 246 countries around the world71, 72.
In fact, there are no inherent geographical limitations on the acquisition of any
convertible virtual currency, once the anti-fraud requirements of the
administrating authority or virtual currency exchange are satisfied.
6.3 Growing Complexity of Laundering Schemes
As mentioned in Section 3.5, the dissociation of virtual currency accounts from
real-world identities, combined with the ability for an individual to create an
arbitrary number of accounts enables the development of novel, complex
layering transaction patterns.
70
http://www.amazon.com/gp/feature.html?docId=1001166401
http://howtobuybitcoins.info/
72 http://planetbtc.com/complete-list-of-bitcoin-exchanges/
71
Module 2 : The Challenges Presented by Virtual Currencies
73
Virtual currencies therefore can act as an enabler for the creation of new
laundering methodologies. It is reasonable to expect that criminals will continue
to evolve their techniques for laundering crime proceeds using virtual
currencies and other techniques. This is sure to involve the development of
increasingly sophisticated transaction patterns, exploiting the threats and
challenges highlighted in this module to conceal the source of funds.
6.4 Increasing Regulation of Virtual Currencies
As mentioned in Section 5.4, centralised administrators of virtual currencies
and virtual currency exchanges may be regulated as financial institutions
offering value transfer services. It is expected that the trend towards increasing
regulation of these types of virtual currency providers will continue.
Several recent initiatives to increase the regulation of decentralised virtual
currencies have recently been announced. To date, two approaches have
emerged:



Prohibit or restrict the use of decentralised virtual currencies73
Regulate the virtual currency as a commodity74, 75
Regulation of certain activities occurring within the virtual currency
ecosystem, as noted above.
Once again, it is expected that the trend towards increasing regulation of
decentralised virtual currencies will continue, particularly considering the risk
of virtual currencies being used to launder crime proceeds76.
“China Banks Financial Companies From Bitcoin Transactions”, Bloomberg, December
2013. (Source: http://www.bloomberg.com/news/2013-12-05/china-s-pboc-bansfinancial-companies-from-bitcoin-transactions.html)
74 “US tax man says bitcoin is property, not currency”, FinExtra, March 2014. (Source:
http://www.finextra.com/News/FullStory.aspx?newsitemid=25895)
75 “Texas will not regulate virtual currencies like bitcoin as money”, RT.com, April 2014.
(Source: http://rt.com/business/texas-bitcoin-regulation-currency-257/)
76 http://en.wikipedia.org/wiki/Legality_of_Bitcoins_by_country
73
Module 2 : The Challenges Presented by Virtual Currencies
74
Self Assessment
Question 1: Describe threats presented by virtual currencies that make them
an attractive technique for laundering crime proceeds.
Question 2: In the context of virtual currencies, discuss how criminals exploit
the non-face-to-face nature of virtual currencies to launder crime proceeds.
Question 3: Describe how the regulatory and supervisory challenges relating
to the administrating authorities of centralised virtual currencies present
risks of laundering.
Question 4: List investigative challenges presented by virtual currencies and
discuss possible ways in which those investigative challenges can be
addressed.
Question 5: List some specific features of electronic evidence that distinguish
it from physical (traditional) evidence.
Question 6: What are the legal grounds for admissibility of electronic
evidence in criminal cases in your country?
Question 7: Describe the concept of discretionary prosecution and its
applicability for investigations involving virtual currency.
Question 8: Explain the benefits that law enforcement can potentially reap
from cooperation with financial intelligence units.
Question 9: Provide a list of international police-to-police cooperation
mechanisms that can be used in investigations involving virtual currencies.
Question 10: What trends are likely to influence the use of virtual currencies
as a technique for laundering crime proceeds?
75
76
Basic Manual on the Detection
And Investigation of the
Laundering of Crime Proceeds
Using Virtual Currencies
Module 3
Detection and Investigation of
Laundering Crime Proceeds
Using Virtual Currencies
Module 3 : Detection and Investigation of Laundering Crime Proceeds Through Virtual Currencies
77
1 Summary
The purpose of this module is to focus on the tools and techniques available to
detect and investigate the laundering of crime proceeds through the use of
virtual currencies. The module categorises the available tools and techniques
into two broad groups: legislative tools and investigative tools. Both of these
groups will be examined in detail in this module.
Towards the end of the module there is also a discussion on the possible
countermeasures that can be put in place to help to enhance the ability of
investigators to detect and respond to such laundering.
2 Learning Objectives
By reading this module you will:

Know the relevant legislative tools available for investigation of
laundering crime proceeds through virtual currencies.

Be aware of investigative tools that can be used to assist with
investigations of laundering crime proceeds through virtual currencies.

Understand the possible investigative methodologies that may assist
with investigations of laundering crime proceeds through virtual
currencies.

Know the countermeasures that are available to help prevent the
laundering of crime proceeds through virtual currencies.
Module 3 : Detection and Investigation of Laundering Crime Proceeds Through Virtual Currencies
78
3 Legislative Tools
3.1 Substantive Law
One of the major goals of every criminal investigation is to provide a proper
qualification of alleged criminal activities to corresponding provisions of
substantive criminal law, i.e. to define the elements of crime. Although much of
the current practice in this respect is shaped by many years of case law, some
new forms of criminal activity – criminal use of virtual currencies being one
such example – may call for the need to re-think and re-adjust currently
available substantive criminal law options to real-life cases that are yet to be
addressed comprehensively either by law or practice. Therefore, the purpose of
this section is to provide various options that are available in substantive
criminal law to address the elements of crime of money-laundering in the
context of virtual currencies.
Before addressing the issues at hand, one has to bear in mind the current
ambiguity of the status of virtual currencies, and, since the use of those is not
expressly criminalized in any of the GUAM states (or any other state, for that
matter), the use of virtual currency per se cannot be considered an offence in
itself due to the principle of technological neutrality.
3.1.1 Money-laundering offences: relevant elements
Money-laundering refers to a financial transaction scheme that aims to conceal
the identity, source, and destination of illicitly-obtained money. The reasons for
offenders – whether they are drug traffickers, corporate embezzlers or corrupt
public officials – to make use of these mechanisms is to conceal or disguise the
illicit origin of the concerned property, or to help any person who is involved in
the commission of the predicate offence to evade the legal consequences of his
or her action, such concealment or disguise applied to the true nature, source,
location, disposition, movement or ownership of or rights with respect to
criminally obtained property. 1 In other words, criminals try to launder
criminally derived funds in order to disguise evidence of their crimes and,
secondly, to protect illegally obtained money from seizure. Criminals are
increasingly taking advantage of the globalization of the world economy by
transferring funds quickly across international borders with the use, among
other options, of information and communications technology that allows
money to move anywhere in the world with speed and ease. Regardless of who
uses the apparatus of money-laundering, the operational principles are based
on the same three-stage process:
1
Article 6 of the United Nations Convention against Transnational Organized Crime.
Module 3 : Detection and Investigation of Laundering Crime Proceeds Through Virtual Currencies
79
The placement stage represents the initial entry of the funds into the financial
system. Where large sums of money are involved, this could very well be an
arduous task, especially if cash is being used.
After placement comes layering, which usually consists of a series of
transactions designed to conceal the origin of the funds. This is the most
complex stage of the process, and the most international in nature. The money
launderer might begin by sending funds electronically from one country to
another, then break them up into investments in advanced financial options or
in overseas markets, moving them constantly to evade detection, each time
hoping to exploit loopholes or discrepancies in legislation and delays in judicial
or police cooperation.
The final stage of money-laundering is termed the integration stage because it
is at this point that the funds return fully assimilated into the legal economy.
Having been placed initially as cash and layered through a number of financial
operations, the criminal proceeds are fully integrated into the financial system
and can be used for any purpose.2
At the current state of affairs, the money-laundering agenda for illicit use of
virtual currencies is becoming increasingly relevant in the light of real-life cases.
While there are significant differences in terms of operation of centralized or
decentralized virtual currencies, as illustrated perhaps most clearly by the cases
of Silk Road and Liberty Reserve, the anonymity, traceability or reliance on
cryptography of decentralized currencies can be attractive options for
concealment of proceeds of crime.
Case Study: Liberty Reserve
In what is to date the largest online money-laundering case in history, in May
2013, the U.S. Department of Justice charged Liberty Reserve, a Costa Ricabased money transmitter, and seven of its principals and employees with
operating an unregistered money transmitter business and moneylaundering for facilitating the movement of more than $6 billion in illicit
proceeds. In a coordinated action, the Department of the Treasury identified
Liberty Reserve as a financial institution of primary money-laundering
concern under Section 311 of the USA PATRIOT Act, effectively cutting it off
from the U.S. financial system.
Established in 2006, Liberty Reserve was designed to avoid regulatory and
law enforcement scrutiny and help criminals distribute, store, and launder
2
Asian Development Bank, ‘Manual on Countering Money-laundering and the Financing of
Terrorism’, p. 10-11 (Source: https://www.unodc.org/tldb/pdf/Asian-bank-guide.pdf).
Module 3 : Detection and Investigation of Laundering Crime Proceeds Through Virtual Currencies
80
the proceeds of credit card fraud, identity theft, investment fraud, computer
hacking, narcotics trafficking, and child pornography by enabling them to
conduct anonymous and untraceable financial transactions. Operating on an
enormous scale, it had more than a million users worldwide, including more
than 200,000 in the United States, and handled approximately 55 million
transactions, almost all of which were illegal. It had its own virtual currency,
Liberty Dollars (LR), but at each end, transfers were denominated and stored
in fiat currency or gold.
To use LR currency, a user opened an account through the Liberty Reserve
website. While Liberty Reserve ostensibly required basic identifying
information, it did not validate identities. Users routinely established
accounts under false names, including blatantly criminal names (“Hacker
Account,” “Joe Bogus”) and blatantly false addresses (“123 Fake Main Street,
Completely Made Up City, New York”). To add a further layer of anonymity,
Liberty Reserve required users to make deposits and withdrawals through
recommended third-party exchangers—generally, unlicensed money
transmitting businesses operating in Russia, and other countries with weak
governmental money-laundering oversight or regulation, such as Malaysia,
Nigeria, and Vietnam. By avoiding direct deposits and withdrawals from
users, Liberty Reserve evaded collecting information about them through
banking transactions or other activity that would create a central paper trail.
Once an account was established, a user could conduct transactions with
other Liberty Reserve users by transferring LR from his or her account to
other users, including front company “merchants” that accepted LR as
payment. For an extra “privacy fee” (75 U.S. cents per transaction), users
could hide their Liberty Reserve account numbers when transferring funds,
making the transfers completely untraceable. After learning it was being
investigated by U.S. law enforcement, Liberty Reserve pretended to shut
down in Costa Rica but continued to operate through a set of shell
companies, moving millions through their accounts in Australia, Cyprus,
China, Hong Kong, Morocco, Russia, Spain, and elsewhere.3
3.1.2 Auxiliary or predicate offences of cybercrime
As noted in Section 7.2 of Module 1 of this Manual, cybercrime aspects of the
misuse of virtual currencies can manifest themselves in a multitude of ways.
Standalone offences of cybercrime that are connected, in one way or another,
with virtual currencies, may not be, at a first glance, particularly relevant for the
investigations focusing on laundering of crime proceeds. At the same time, even
3
“Manhattan U.S. Attorney Announces Charges Against Liberty Reserve, One of World’s
Largest Digital Currency Companies, And Seven Of Its Principals And Employees For
Allegedly Running A $6 Billion Money Laundering Scheme”, US Department of
Justice, May 2013. (Source:
http://www.justice.gov/usao/nys/pressreleases/May13/LibertyReservePR.php?print=1)
Module 3 : Detection and Investigation of Laundering Crime Proceeds Through Virtual Currencies
81
standalone cybercrime offences against virtual currency systems can be often
important sources of criminal intelligence that may lead to identification of
money-laundering schemes.
A “predicate offence” is an offence whose proceeds may become the subject of
any of the money-laundering offences.4 Offences that involve money-laundering
by use of virtual currencies may be connected to criminal proceeds derived
from forms of cybercrime such as computer-related identity offences, or
computer-related fraud or forgery. The status of an offence being predicate to a
money-laundering offence varies by jurisdictions. Therefore, if allowed by legal
regulations, cybercrime offences may be deemed as predicate offences to
money-laundering; in this case, investigations will be relying on cybercrime
elements of crime to construct the offence of money-laundering. In other
perspective, in the context of virtual currencies, cybercrime offences, more often
than not, will be auxiliary offences to money-laundering committed through the
use of virtual currencies; therefore, investigation of such offences can have a
direct relationship with the core charges of money-laundering, and provide
important evidence for law enforcement in the prosecution of moneylaundering offences involving the use of virtual currencies.
As described in Section 7.2 of Module 1, ‘core’ cybercrime offences against
computer systems or data may also be auxiliary to a range of offences involving
virtual currencies, such as when personal wallet is ‘hacked’, with a view to
stealing bitcoins or when accounts of third parties are used without the consent
of that person for transactions. As such, it is important to understand the nature
of specific cybercrime offences, including illegal access; system interference;
data interference; and misuse of devices. Practice shows that many of the
potential cybercrime cases are not investigated properly due to the lack of
understanding of what constitutes a cybercrime. Therefore, some important
definitions are necessary in terms of their applicability and use for investigation
of virtual currency-related offences: 5
The offence of illegal access is the basic offence of threats to and attacks
against the security (i.e. the confidentiality, integrity and availability) of
computer systems and data; in other words, this denotes basic “hacking”
conduct that does not necessarily involve immediate adverse effects on systems
or data (interference, loss, etc.), but is in itself a dangerous conduct that
compromises safety and confidentiality of systems/data (e.g. opening access to
4
UNODC Toolkit to Combat Trafficking in Persons, p. 119 (Source:
http://www.unodc.org/documents/human-trafficking/Toolkit-files/08-58296_tool_35.pdf)
5 Please note that the descriptions of cybercrime offences, especially in the part of required
elements, are, for the most part, based on the texts of national legal provisions as
identified in corresponding footnotes. Accompanying descriptive elements and
explanations are included for the purpose of this manual only, and do not constitute
official, binding definitions.
Module 3 : Detection and Investigation of Laundering Crime Proceeds Through Virtual Currencies
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confidential data, including passwords, information about the targeted system)
and can be used as a basis for more advanced attacks/offences.6 The elements
of offence of illegal access 7 that are relevant to both centralized and
decentralized virtual currencies include: a) an act of "access" comprises the
entering of the whole or any part of a computer system (hardware, components,
stored data of the system installed, directories, traffic and content-related data),
irrespective of the type of connection and method of communication; targets
may include computer game accounts database, wallets/lockers for bitcoins,
currency exchange sever infrastructure and the like; b) access to computer
system should be committed “without right”, i.e. without authority (whether
legislative, executive, administrative, judicial, contractual or consensual) or
conduct that is otherwise not covered by established legal defences, excuses,
justifications or relevant principles under domestic law; c) intent to access
computer system without right must be always present and proven; d) no
specific damages, impact or adverse effect whatsoever is necessary – the mere
act in itself, without triggering any specific effects, is a criminal offence (this
distinction may be important in qualifying offences of attempted moneylaundering);
Criminalization of data interference as a cybercrime offence aims to protect
integrity and confidentiality of computer data from the conduct that endangers
its integrity and/or availability. 8 This office can be interpreted as being directed
against the proper functioning or use of stored computer data or computer
programs, through the acts of damaging, deletion, deterioration, alteration or
suppression of computer data without right.9 It consists of the following
elements: 10 a) Acts of manipulation with data (damaging, deletion,
deterioration, alteration or suppression of computer data), such as use of virus
or Trojan programs or any other malware that may compromise both the
currency or personal data of system users, including identity theft; b) Data
interference should be committed “without right”, which, similar to offence of
illegal access, stands for any unauthorised action – either by agreement or by
law, and, in terms of virtual currencies, prohibiting “certain abuses related to
anonymous communications, such as where the packet header information is
altered in order to conceal the identity of the perpetrator in committing a
crime”11 – this may mean that use of additional online anonymity tools to
6
UNODC Comprehensive Study on Cybercrime, p. 82.
Article 271 of the Criminal Code of Azerbaijan; Article 284 of the Criminal Code of
Georgia; Article 259 of the Criminal Code of Moldova.
8 UNODC Comprehensive Study on Cybercrime, p. 88.
9 See, for example, the Explanatory Memorandum to the Council of Europe Convention on
Cybercrime, par. 61.
10 Article 286 of the Criminal Code of Georgia; Article 260 2 of the Criminal Code of
Moldova; Articles 361 and 362 of the Criminal Code of Ukraine.
11 See, for example, Explanatory Memorandum to the Council of Europe Convention on
Cybercrime, par. 64 (Source:
http://conventions.coe.int/Treaty/EN/Reports/Html/185.htm).
7
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further enhance anonymity of decentralized virtual currency users may be
brought forward as an element of offence; c) intent to interfere with computer
data should be proven;
The offence of system interference is similar to the offence of data interference
for most of its objectives and applicable elements, save for the difference in
object and/or effect of the offence, that is, hindering of the functioning of the
computer system.12 The following elements13 are required to be present to
constitute an offence of system interference: a) the act of hindering by inputting,
transmitting, damaging, deleting, altering or suppressing computer data, such as
acts that cause short or long-term breakdown of virtual currency processing
systems, or take down server infrastructure of computer games that use
centralized virtual currency; b) such hindering must be "serious" i.e. it has a
significant detrimental effect on the ability of the owner or operator to use the
system, or to communicate with other systems (e.g., by means of programs that
generate "denial of service" attacks, malicious codes such as viruses that
prevent or substantially slow the operation of the system); c) the hindering
must be "without right"; d) intent to seriously hinder functioning of a computer
system must be proven.
The offence of misuse of devices recognizes the potential of the software and
hardware that can be used for the commission of crimes against confidentiality,
integrity and availability of computer systems or data. It is also understood that
many such tools can be dual-purpose devices or technologies (i.e. can be used
for both legitimate and illegitimate means); thus the focus is, in order to avoid
over-criminalization, on devices that can be primarily used or adapted for such
purposes.14 There are specific elements of the offence of misuse of devices, 15
such as: a) the acts of possession, production, sale, procurement for use, import,
distribution or otherwise making available of a device, including a computer
programme, designed or adapted primarily for the purpose of committing
offences against computer system and data, such as hacking tools, targeted
viruses or malware programs, which can be used for targeted attacks against
computer systems and data of virtual currency systems and their users, and
hacked systems and user accounts used for laundering of criminal proceeds; b)
the acts of production, sale, procurement for use, import, distribution or
otherwise making available of a computer password, access code or similar data
by which the whole or any part of a computer system is capable of being
accessed, such as protected information about virtual currencies users login and
12
UNODC Comprehensive Study on Cybercrime, pp. 88-89.
Article 286, p. 2 of the Criminal Code of Georgia; Article 260 3 of the Criminal Code of
Moldova; Articles 361 and 363 1 of the Criminal Code of Ukraine.
14 UNODC Comprehensive Study on Cybercrime, pp. 92-93 (reference to “computer misuse
tools”).
15 Article 271 6 of the Criminal Code of Azerbaijan; Article 285 of the Criminal Code of
Georgia; Article 260 4 of the Criminal Code of Moldova; Article 361 1 of the Criminal
Code of Ukraine.
13
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password data; c) such acts must be committed “without right”; d) the element
of intent in relation to any of the acts listed above must be proven.
The offence of computer-related fraud is an assimilative offence that tailors
traditional fraud offences to the environment of information and
communications technology. The offence of computer-related fraud, therefore,
is often not criminalized separately but is rather a legal construct, with the
elements of information and communication technology being integrated into
the core charges of fraud. Such elements, accordingly, can be narrowed down, in
the context of virtual currencies, to manipulations with computer data, such as
input, alteration, deletion, suppression or more general interference with the
functioning of a computer programme or system. There are, however,
differences to other cybercrime offences in requiring two combined elements in
the element of intent: first, the general intent to input, alter, delete, suppress or
interfere with the functioning of a computer programme or system and, second,
proof of a specific fraudulent or other dishonest intent to gain an economic or
other benefit for oneself or another.
Case Study: Mt. Gox
Mt. Gox was the most popular Bitcoin exchange based in Tokyo, Japan, which
was launched in July 2010, and already by 2013 was handling 70% of all
Bitcoin transactions. It filed for bankruptcy in February 2014, citing the loss
of almost 850,000 bitcoins belonging to customers.
Mt. Gox alleges its troubles resulted from an issue with Bitcoin known as
“transaction malleability”. When a bitcoin transaction is made, the account
sending the money digitally signs the important information, including the
amount of bitcoin being sent, who it’s coming from, and where it’s going to. A
transaction ID, a unique “name” for that transaction, is then generated from
all of the information in the transaction. But some of the data used to
generate the transaction ID comes from the unsigned, insecure part of the
transaction. As a result, it’s possible to alter the transaction ID without
needing the sender’s permission.
Nothing important is lost in that scenario, because the crucial payment
information is still securely signed. But it can cause problems down the line
if the sender is expecting the transaction to show up under a particular ID. In
MtGox claims that the site was expecting transactions to show up in the
public ledger under the specific transaction ID it had recorded. When those
transactions didn’t show up – because the thief had edited the ID – the thief
could then complain that the transaction had failed, and the system would
automatically retry, initiating a second transaction and sending out more
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bitcoins.
Transaction malleability is a flaw in Bitcoin itself, and it’s not MtGox’s fault
that transactions can be renamed in this way. But it’s also a flaw which has
been known about since 2011, and one which can be rendered harmless
with software which accurately reports balances and transactions.16
Data and system interference, in current practice, seem so far to be the least
relevant offences in terms of virtual currencies; nevertheless, the case of Mt.
Gox has proven that the effects of such offences can have an immediate effect
on virtual currencies market.
3.1.3 Use of virtual currencies: objective and subjective elements
In more traditional theory of criminal law accepted in the GUAM states,
elements of crime can be categorized into objective (an act in itself, as well as
objects and tools of crime) and subjective (intent, purpose, complicity, etc.)
categories. The use of virtual currencies for money-laundering purposes is going
to highlight this distinction. The objective elements of the crime that involve the
acts of use of virtual currency are not going to be different, technically speaking,
from objective elements of any other crime, including “traditional” moneylaundering offences; the use of experts and their expert opinions may be
necessary to describe the technical matters relevant to centralized and
decentralized virtual currencies, and to draw analogies to traditional financial
transactions.
Generally speaking, the use of virtual currency as objective elements of criminal
offence of money-laundering can be brought down to the following aspects:
16
-
In terms of placement (when criminally derived funds are introduced in
the financial circulation), the procurement of the virtual currency
through an exchanger (in case of decentralized currencies) or
administrator (in case of centralized currencies) may be used as a
relevant element of crime;
-
In terms of layering (the process in which criminally derived funds are
legalized and their ownership and source is disguised), the essential
features of virtual currency (most relevantly, anonymity and difficult
traceability of transactions) can be brought forward as an element of
money-laundering offence where the prosecution will be willing to prove
the case that the virtual currency was selected precisely for these
features, in order to conceal the criminal origin of funds. In fact, focus on
The Guardian, “How a bug in Bitcoin led to MtGox's collapse” (Source:
http://www.theguardian.com/technology/2014/feb/27/how-does-a-bug-in-bitcoin-leadto-mtgoxs-collapse)
Module 3 : Detection and Investigation of Laundering Crime Proceeds Through Virtual Currencies
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layering in terms of virtual currency use is perhaps a central argument
for the proof of intent (see below);
-
In terms of integration (the process by which the property legalized
through layering is re-introduced into the economy), the use of virtual
currency may be one of the elements, depending on the case: basically, if
the laundered proceeds are re-invested into the virtual currency market,
this may be an additional element of offence that can be used.
In terms of proof of intent, which is an essential feature of money-laundering
offences, the situation will be different. The arguments of the state may be
reinforced by focusing, again, on the most relevant features of the virtual
currencies:
-
-
-
anonymity and general lack of face-to-face interaction may be a valid
proof of intent to commit offence related to illegal use of virtual
currencies, in contrast to the availability of traditional, more transparent
and established financial mechanisms;
difficult traceability, including lack of paper/document trail can be
specifically noted as element of intent, with similar logic of avoiding
traditional financial mechanisms can be proven;
in case of decentralized virtual currencies, reliance on cryptography
that would make any forensic analysis extremely difficult;
an overarching issue with virtual currencies in terms of proof of intent is
the nature of virtual currencies themselves, that is, their operation
beyond established financial institutions and overall lack of regulation
that can be proven as a deliberate choice.
3.2 Procedural Law
The procedural aspects of money-laundering investigations involving the use of
virtual currencies are aimed to provide a legal framework for specific actions
that supervisory authorities or law enforcement may undertake in order to
detect, investigate and prosecute such offences. Continuing with the logic of
cybercrime offences being predicate or auxiliary to money-laundering offences
in cases involving virtual currencies, the focus of this section is on the
procedural tools and regulations of cross-cutting nature between moneylaundering and cybercrime that allow for obtaining and securing electronic
evidence. At the same time, even where cybercrime is not a predicate or
auxiliary offence to money-laundering, the following procedures are important
to understand in the sense that they are, by design, specifically tailored to
securing and processing electronic evidence.
In addressing the legal framework for such procedural powers, the following
distinctions as to the purpose of procedural actions must be made:
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87
Procedures that aim at the collection of criminal intelligence, i.e.
uncovering criminal acts and/or proceeds from crime; and
Procedures that aim at securing and introducing evidence into criminal
proceedings.
3.2.1 Criminal intelligence
Criminal intelligence in the context of the use of virtual currencies for
laundering illegal proceeds of crime is focusing on cyber-security operations
and cybercrime investigations. Each of these is addressed below.
3.2.1.1 Computer incident reporting by CSIRTs
CSIRTs (Computer Security Incident Response Teams) are long-standing
partners of law enforcement in cybercrime investigations, providing data and
information on various incidents against computer systems and data. Some of
these would potentially be investigated by cybercrime/high-tech crime units,
but in reality, the majority of such incidents (that may be reported in hundreds
on a single day) will be handled by CSIRTs according to CSIRT-specific
procedures that do not necessarily produce evidence that is admissible in
criminal cases.
Therefore, taking into account the strong connections between cybercrime,
virtual currencies and money-laundering on the Internet, the following
reporting sources managed by national CSIRTs can be used:
-
-
-
17
18
Computer incident reporting in cases specifically involving the financial
sector. Incident reports can be received from both local, sector-specific
or national sensor networks (hardware or software specifically designed
to monitor the national segment of the Internet for suspicions deviations
in traffic), and international CSIRT databases such as ShadowServer17 or
Arbor Networks.18 Incident reporting may require specific, often written,
agreement with CSIRTs as to the use of incident reporting information
(which may contain sensitive or confidential information), and specific
uses for such information need to be identified in the request;
Use of malware that is specifically targeted toward identity theft or
breaches of privacy of financial information, including instances where
traces of traffic generated by such malware include data or software
used for management of centralized or decentralized virtual currencies;
General intelligence information about the hacker community and
threats in national cyberspace that may be often the most valuable
source of criminal intelligence in cases of virtual currencies. CSIRTs are,
http://www.shadowserver.org/wiki/
http://www.arbornetworks.com/
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by nature of their operations, closely involved with hacker communities
and often provide advanced intelligence about cybercrime rings, forums
and other information exchange platforms.
Computer incident reporting, due to the concerns related to private and/or
confidential nature of data processed by CSIRTs, shall be requested on a caseby-case basis and in the framework of an on-going investigation of moneylaundering offence. Although regular reporting modalities may be established as
a part of inter-agency cooperation, due to the large amount and extremely
technical nature of information processed, regular reporting would not have
much relevance or value for the investigation of money-laundering offences.
3.2.1.2 Real-time collection of traffic data
Real-time collection of traffic data19 is a procedure that is geared toward
collection of data generated by computers in the chain of communication in
order to route a communication from its origin to its destination, auxiliary to the
communication itself (“traffic data”). The categories of traffic data that that can
be collected by real-time procedures include: the origin of a communication, its
destination, route, time (GMT), date, size, duration and type of underlying
service..20
Technically speaking, collection of traffic data is possible through specialized
equipment owned and managed by law enforcement (cybercrime/high tech
crime units) and/or Internet Service Providers.21 Real-time collection of traffic
data requires, as a matter of rule, a judicial order; therefore, proper procedures
must be followed: depending on the jurisdiction, investigator’s or prosecutor’s
motion to the judge competent to grant orders on investigative measures.
Means for, and units tasked with, collection of such data must be specifically
noted in the motion.
Cybercrime or high-tech crime units in the country are usually the ones
involved and experienced with real-time collection of traffic data, although in
practice these procedures may be used only in most serious cases due to the
need to balance the public interests of investigation versus intrusion into the
privacy of Internet users. Even if there are state-owned (e.g. digital forensics
expert centre) or private (Internet Service Providers themselves) partners who
may be able to and willing to undertake real-time collection of traffic data,
requests from financial investigators or FIUs dealing with relevant cases, as a
matter of good practice, should still be referred to cybercrime/high-tech crime
19
Article 137 of the Georgian Criminal Procedure Code; Article 263 of the Criminal
Procedure Code of Ukraine.
20 See, for instance, Explanatory Memorandum to the Convention on Cybercrime, par. 30
(Source: http://conventions.coe.int/Treaty/EN/Reports/Html/185.htm)
21 UNODC Comprehensive Study on Cybercrime, p. 131.
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units for performance of real-time collection of data, and seek guidance on
further procedures/motions where such are deemed necessary by such units.
3.2.1.3 Interception of content data
In contrast to real-time collection of traffic data, interception of content data
(that is, any other data in communication that is different from traffic data) aims
to assimilate traditional options for the collection of content data in respect of
telecommunications (e.g., telephone conversations) into the environment of
information technology. In terms of criminal intelligence, it is a useful
investigative tool to determine that the communication is of an illegal nature
(e.g., the communication constitutes a criminal threat or harassment, a criminal
conspiracy or fraudulent misrepresentations). In terms of cybercrime
investigations, interception means the acquisition, viewing, capture, or copying
of the contents or a portion thereof, of any communication, including content
data, computer data, traffic data, and/or electronic emissions thereof, whether
by wire, wireless, electronic, optical, magnetic, oral, or other means, during
transmission through the use of any electronic, mechanical, optical, wave,
electromechanical, or other device.22
In the context of the GUAM states, interception procedures are provided by
either by laws on Operative-Detective Activity (possibilities to intercept data
from any information and communications networks as an extension of
traditional interception/wiretapping procedures) 23 or incorporated in the
mainstream criminal procedure legislation.24 Irrespective of the source of law,
interception of content data may be provided by a variety of players, most
notably either cybercrime/high-tech crime units or operative departments of
the national police. Interception of content, due to privacy concerns, is strictly a
procedure based on a judicial order; therefore, all necessary motions shall be
properly brought before the court, and means for, and units tasked with,
interception of content data must be specifically noted in the motion.
3.2.2 Securing evidence of crime
The purpose of this section is to familiarize law enforcement with the special
procedural powers that are used by the cybercrime/high tech crime units and
are specifically tailored toward obtaining electronic evidence.
International Telecommunication Union, “The ITU Toolkit for Cybercrime Legislation”, p.
12 (Source: http://www.cyberdialogue.ca/wp-content/uploads/2011/03/ITU-Toolkit-forCybercrime-Legislation.pdf)
23 Section 10 of the Law of Azerbaijan on Operative-Detective Activity; Article 18 of the
Moldovan Law on Special Detective Activities.
24 Article 138 of the Criminal Procedure Code of Georgia; Articles 258 and 264 of the
Criminal Procedure Code of Ukraine.
22
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3.2.2.1 Expedited preservation of stored computer data
Law enforcement may order or similarly obtain the expedited preservation of
specified stored computer-data in connection with a specific criminal
investigation or proceeding; basically this is done for the purpose of preventing
the deletion of computer data important to cybercrime investigations25 Data
preservation keeps the stored data’s integrity intact and the data secure in
stored form and protected from anything that would cause its current quality
and availability to change or deteriorate.26
Preservation of stored computer data27 allows for expeditious preservation of
specified computer data, in particular where there are grounds to believe that
the computer data is particularly vulnerable to loss or modification (e.g. there is
a business policy to delete the data after a certain period of time or the data is
ordinarily deleted when the storage medium is used to record other data, or
simply traffic data that is retained for limited time).
The use of an order for preservation of stored computer data is particularly
effective since it allows preservation of integrity of that computer data for a
period of time as long as necessary, up to a maximum of 90 days, so that
competent authorities may later seek its disclosure; to this effect, it can be used
as one of the guarantees as to authenticity of data when it is introduced as
evidence in criminal proceedings. Moreover, persons or entities in who are in
possession or control such data are obliged to maintain confidentiality
regarding the undertaking of preservation procedures.28
In terms of implementing authorities, in contrast to more specialized criminal
intelligence actions, the order for preservation of stored computer data may be
used by any investigative authorities since it does not require much of the
specialist knowledge for handling of electronic evidence but rather knowledge
of which data is to be preserved. Consultation with cybercrime/high-tech crime
units as to the practicalities of such orders and their execution may be desirable,
but is entirely optional.
3.2.2.2 Expedited preservation and partial disclosure of traffic data
Where data preserved in compliance with the order for preservation of stored
computer data, as discussed in the previous section, also includes or is
specifically directed at traffic data, such data can be preserved in an expedient
manner on the request of law enforcement seeking disclosure of such
25
UNODC Comprehensive Study on Cybercrime, p. 127.
ITU Toolkit for Cybercrime Legislation, p. 35.
27 Article 7 of the Moldovan Law on Combating Cybercrime.
28 See, for instance, Explanatory Memorandum to the Convention on Cybercrime, par. 162
(Source: http://conventions.coe.int/Treaty/EN/Reports/Html/185.htm)
26
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information. Obtaining stored traffic data that is associated with past
communications may be critical in determining the source or destination of a
past communication, which is crucial to identifying the persons who committed
offences against computer systems or data. However, this data is frequently
stored for only short periods of time, data protection frameworks that specify
that data must not be retained for periods longer than that required by the
purposes for which the data are processed.29
On the other hand, traffic data that relates to commission of computer-related
offences may not be constrained to a single communications provider but rather
it may be communicated by several other providers. In this case, the service
provider tasked with preservation of traffic data should also promptly disclose
to the requesting law enforcement authority a sufficient amount of traffic data
to enable the competent authorities to identify any other service providers and
the path through which the communication was transmitted.30
Similar to expedited preservation of stored computer data, no particular expert
or specialist knowledge or expertise is required to effect such order upon
service providers. However, a solid understanding of what constitutes “traffic
data” and its further use as evidence in criminal proceedings are necessary;
therefore, at least some consultations may be sought from cybercrime/hightech crime units as to the practicalities of such orders.
3.2.2.3 Production orders
Significant part of the infrastructure and computer systems used for internet
communications are owned and operated by the private sector. Internet service
providers, as well as electronic communication providers and web-service
providers, therefore route, store, and control a significant amount of computer
data related to internet connections, transactions, and content. The use of
coercive measures, such as search and seizure, by law enforcement for
obtaining these data are unfeasible in the majority of circumstances – due both
to the volume of individual cases investigated, and disruption to legitimate
business activity. Orders to such third parties to the investigation for computer
data thus provide a due legal process route to obtaining electronic evidence31
A production order is aimed at computer data or subscriber information that is
in the possession or control of a person or a service provider. The concepts of
“possession” and “control” relate to data that is, legally and technically,
subscriber information in the service provider’s physical possession, or is
available to the provider remotely (e.g. in managed cloud or remote data
storage facility). As to “subscriber information”, this term refers to any
29
UNODC Comprehensive Study on Cybercrime, p. 127.
Explanatory Memorandum to the Convention on Cybercrime, par. 169 (Source:
http://conventions.coe.int/Treaty/EN/Reports/Html/185.htm).
31 UNODC Comprehensive Study on Cybercrime, p. 128.
30
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information held by the administration of a service provider relating to a
subscriber, to its services, and can be used to identify which services and related
technical measures have been used or are being used by a subscriber or, when a
technical address is known, subscriber information is needed in order to assist
in establishing the identity of the person concerned. 32
Production orders33 can be effected by any law enforcement authorities that
have staff with the sufficient understanding of subscriber information as well as
privacy and confidentiality requirements in electronic communications.
3.2.2.4 Search and seizure of stored computer data
Search and seizure procedures for computer data (i.e., electronic evidence) are,
in essence, assimilative provisions that aim to harmonize already existing
criminal procedural law powers for search and seizure of tangible objects, in
terms of their application to computer systems and data. The search and seizure
of stored data, therefore, is mostly different from search and seizure of a
tangible object, which involves inspection of a physical area and removal of the
tangible object from the searched premises. In the digital environment, the
gathering of data occurs during the period of the search and with respect to data
existing at that time. There are two main ways of conducting an investigation:
accessing and searching data which is contained within a computer system or
part of it (such as a connected storage device) or on an independent storage
medium (removable storage, etc.).34
At the same time, the nature of electronic evidence (i.e. data stored in a
computer system in intangible, digital form) may also require different
approach compared to traditional search and seizure procedures. Most
importantly, readability of data must be ensured: where the data can be read
only by a computer system on which they’re stored, the entire system must be
seized; in other cases, a copy of the data may be made and taken away on a
physical storage device. Similarly, data may be extracted from connected
devices (storage, network, etc,). In this respect, seizure procedures of searched
computer data are, in essence, no different from traditional seizure
procedures.35
One of the most distinctive powers that is provided by the Council of Europe
Convention on Cybercrime in terms of search and seizure of stored computer
data is rendering relevant data inaccessible, which is relevant to the GUAM
32
Explanatory Memorandum to the Convention on Cybercrime, par. 177 (Source:
http://conventions.coe.int/Treaty/EN/Reports/Html/185.htm)
33 Article 136 of the Criminal Procedure Code of Georgia; Chapter 15 of the Criminal
Procedure Code of Ukraine.
34 ITU Toolkit for Cybercrime Legislation, p. 36.
35 Explanatory Memorandum to the Convention on Cybercrime, par. 187 (Source:
http://conventions.coe.int/Treaty/EN/Reports/Html/185.htm)
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Member States, who are Parties to the Convention.36 This is particularly
relevant in terms of money-laundering offences involving the use of information
technology, since the taking down of hardware, software and online platforms
used for laundering proceeds of crime may be necessary to minimize harm to
victims. However, not many jurisdictions implement similar powers in the
context of criminal procedure, leaving this as a highly desirable procedural
power that is often unavailable to law enforcement.
In terms of practical application, the situation with search and seizure can be
less clear than with other, more specialized procedural powers. On one hand,
search and seizure in a traditional sense may be undertaken by any law
enforcement agency, and, where necessary, experts of specialists may be
involved to facilitate search and seizure.37 On the other, removal of evidence
from computer systems or even removal of computer systems themselves from
the searched premises may require advanced expertise in order to preserve
readability and integrity of data. Therefore, guidance and, where necessary,
direct involvement of the cybercrime/high-tech crime units is essential in such
cases.
3.3 Electronic Evidence and Chain of Custody
Electronic evidence secured through proper legal procedures, as discussed in
the previous sections, still needs to be processed properly in order to become
legitimate, admissible evidence that can be presented in the courtroom to
support the case. In most cases, compliance with legal requirements set for
procedural actions that secure and extract evidence is going to be sufficient to
guarantee admissibility of evidence in criminal proceedings; however,
electronic evidence has some additional features that need to be taken into
account in compliance with such requirements.
3.3.1 Expert handling and reports
Criminal justice systems of the GUAM states rely on expert analysis and
testimony in many cases where evidence needs to be properly introduced and
processed in criminal proceedings.38 Reliance on expert support is particularly
relevant in terms of handling electronic evidence, since modern computer
systems and devices are built to customized or specific characteristics and
configurations, requiring exact adherence to specific procedures to extract
relevant data from such systems and devices. Handling of electronic evidence by
non-specialists therefore significantly increases the risk of its unintentional
modification and, as a result, inadmissibility in criminal proceedings.
36
Article 19, p. 3 of the Council of Europe Convention on Cybercrime.
Article 19, p. 4 of the Council of Europe Convention on Cybercrime.
38 Article 97 of the Criminal Procedure Code of Azerbaijan; Article 52 of the Criminal
Procedure Code of Georgia; Article 88 of the Criminal Procedure Code of Moldova;
Article 69 of the Criminal Procedure Code of Ukraine.
37
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There are numerous types of expertise that may be sought in the course of
criminal proceedings involving money-laundering with the use of virtual
currencies. Most obvious would be financial expertise seeking expert review of
transactions or determination of the value of proceeds of crime. However,
electronic evidence that is prevalent in such cases may often call in more
specialized expertise of technical nature, that is, digital forensics.
Digital forensics can be provided by several institutions in a single jurisdiction.
Primary expertise related to crime intelligence is usually provided by
specialized cybercrime or high-tech crime units themselves, and it is therefore
proper to seek such expert support from these units where real-time collection
of traffic data or content interception is concerned. However, most of the digital
forensics aimed at processing already secured evidence is performed either by
specialized digital forensics centres (incorporated primarily in police forces) or
by independent, state owned or private expertise centres that have a wider
expertise on all kinds of traditional and electronic evidence. An important factor
in the choice of such institutions is the level of expertise and experience, which
can be often obtained only through specialized training and certification.
Besides level of individual expertise, use of proper procedures, tools and
techniques is of utmost importance. Unless the general computer system
diagnostics is enough for provision of reliable evidence, specialized hardware
and software are important elements of evidence analysis that have direct
impact on its admissibility. Such tools, techniques and procedures need to be
traceable and repeatable by other specialists, so that the captured information
is of evidentiary value and can be proven to be so in case such procedures are
questioned in court.
Besides expert reviews and reports on secured evidence, there are additional
avenues in which digital forensics experts or specialists of similar expertise may
be called to assist in investigative actions, such as search and seizure,
interception of content or preservation of data. Expert assistance in such
procedures, who may be invited in the status of either experts or specialists, can
be viewed as an additional guarantee of the proper handling of electronic
evidence with a view to its admissibility in criminal proceedings.
Expertise required in handling and analyzing electronic evidence can be found
across many institutions, whether public or private, and the choice for expert
review and report must take into account not only the quality or expedience of
expert review, but also the issues of objectivity. Since the experts will be, as
matter of rule, called to court proceedings to be questioned as witnesses, their
background and, more importantly, professional affiliation can be called into
question. To put this into electronic evidence perspective, it may be tempting to
secure expert analysis from cybercrime/high-tech crime unit; however, since
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such units are part of the criminal police departments and are involved in
investigation and prosecution of cybercrime cases, their bias toward
prosecution and state interests may be called into question.
3.3.2 Chain of custody
The chain of custody of electronic evidence is, in essence, no different from that
of traditional evidence. Criminal proceedings rely on highly formalized
procedures and requirements; therefore, adherence to set procedures, ensuring
handling by persons having sufficient qualifications to do so, and keeping a
document trail to show when and how evidence was stored, accessed or used,
represent the standard approach applicable to any criminal proceedings, and to
any type of evidence that may be used in such proceedings. Electronic evidence,
on the other hand, has some additional specific features that need to be taken
into account in order to ensure proper chain of custody:

Data integrity: Electronic evidence is highly volatile. Access to computer
system, even for mere browsing purposes, will, in most cases, modify the
data (such as “recently accessed” documents list) to an extent that this
cannot be used as evidence criminal proceedings. Computer data should
be, therefore, always kept from possible modifications, and a range of
techniques and methods (such as access only in “read mode”,
examination of a digital copy and not “original” evidence, imaging or
recording of handling, etc.) used to keep authenticity of data.

Audit trail: Keeping a trail of formal documents supporting the
investigation process is highly important. In criminal proceedings,
investigators use standardised forms or checklists to document their
analysis and also ensure that they do not forget to perform all stages of
the examination to obtain an exhaustive scrutiny of the victim’s and
suspect’s computer system. Similarly, notes should be taken describing
all stages of handling the evidence, whether it is a crime scene or forensic
laboratory. Screenshots, photographs and video records greatly enhance
quality of audit trail of electronic evidence.

Specialist support: In many cases, the highly technical nature of the
computer environment and data contained therein requires the use of
computer forensics specialists. The need for specialist support may be
called for due to the highly specialized area of digital forensics (e.g.
mobile malware analysis), as well as limited availability of equipment for
such analysis. Therefore, although not necessarily mandatory in all cases,
specialist analysis will be an important part of the case file that further
enhances the arguments of the party willing to bring such evidence
forward.
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Legality: Computer systems that are used as a source of electronic
evidence usually contain at least some amount of private information
which is not going to be of relevance or value to the investigation. Proper
sorting of the data that is relevant to investigation and sensitive
information that must not be looked into is therefore necessary. In some
cases, these distinctions are not going to be clearly drawn; thus, court
orders preserving such data may be necessary to further proceed with
analysis of information.39
3.3.3 Admissibility of electronic evidence
Since the ultimate goal is the use of acquired and analysed evidence to support a
case in court, electronic evidence must be obtained in compliance with existing
legislation and best practice procedure to be admissible in a trial. Although the
details differ depending on national legislation, the following basic criteria must
generally be taken into account:
39

Authenticity: It must be possible to positively tie evidentiary material to
the investigated incident. Electronic evidence is no different to physical
evidence, such as a document recorded on a piece of paper. It is
necessary to ensure that the evidence is authentic. The difference
between electronic evidence and physical evidence is usually the ease by
which electronic evidence can be changed and altered, either
deliberately or inadvertently.

Completeness: It must tell the whole story and not just a particular
perspective. The evidence should be weighted in terms of balance and
objectivity, and, where supported by other evidence, whether physical or
electronic, should provide a coherent picture of the events it is called to
prove.

Reliability: There must be nothing about how the evidence was
collected and subsequently handled which causes doubt about its
authenticity and veracity. In the event that there is a doubt about
electronic data adduced in evidence, it is for the defence to raise a
challenge to its admissibility. Once the issue is raised, the prosecution
has to deal with it, usually by providing sufficient evidence that the
‘integrity of the data is trustworthy, and is therefore considered to be
reliable.’
“Electronic Evidence Guide: A basic guide for police officers, prosecutors and j udges,”
produced by EU/COE Joint Project on Regional Cooperation against Cybercrime, pp.
131-134 (Source:
http://www.coe.int/t/dghl/cooperation/economiccrime/cybercrime/Documents/Electroni
c%20Evidence%20Guide/default_en.asp)
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Believability: It must be readily believable and understandable to the
participant of criminal proceedings, especially judicial authorities.
Presentation is important to give expert evidence the weight it deserves.
Presentation of electronic evidence to the judge and jury needs to be
visual, using computer demonstrations, video demonstration, computer
graphics, schedules and charts. Parties introducing evidence should be
aware of the bias that using such technology can cause, and be prepared
to discuss these issues with authority if the defence challenges the use of
such technology.40
3.4 Safeguards and Guarantees
All procedures that involve processing of electronic evidence shall be based on
the respect for fundamental rights and guarantees of parties to the criminal
proceedings. Since procedural actions relevant for investigation of moneylaundering with the use of virtual currencies are sourced from cybercrime laws
and regulations, similar approaches required by applicable standards41 will be
applicable here as well. These safeguards and guarantees are of a practical
nature and require to be viewed as an integral feature of procedural actions to
which they apply.42
First of all, all of procedural actions that intrude into the private life of
individuals shall be undertaken in the framework of on-going criminal case
investigations. In terms of on-going investigations, it does not matter whether
cybercrime, money-laundering or fraud offences are being investigated – a
formal decision on commencement of an investigation is viewed as one of the
guarantees against abuse of authority with the use of procedural powers that
have impact on the privacy of individuals.
For some of the special investigative powers applicable to securing electronic
evidence, such as interception of content data or preservation of stored traffic
data, the prerequisite in some jurisdictions is serious the nature of the offence,
meaning an offence punishable with a specific term of imprisonment. This needs
to be taken into account for a simple reason: most of the cybercrime offences
against computer systems and data are not qualified as serious offences in the
national framework, thus negating the possibility of use of special procedural
powers. In this context, a choice for legal practitioners would be to qualify
cybercrime acts in the framework of charges of money-laundering, which is
going to be a serious offence in all cases.
40
Electronic Evidence Guide, pp. 146-147.
Such as, for example, Article 15 of the Council of Europe Convention on Cybercrime,
which applies to the GUAM Member States.
42 For a more extended overview of applicable safeguards and guarantees, as well as national
examples, please consult the UNODC Comprehensive Study on Cybercrime, pp. 136141.
41
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Judicial order for special procedural powers intruding into the privacy of
individuals, in particular interception of content, is viewed as an essential
guarantee for balancing of private and public interests at stake. In terms of
virtual currency-related offences, this would often mean a deliberate choice by
law enforcement against the use of such procedures, not least for reasons of
expediency. At the same time, substituting less intrusive measures with other
options (e.g. search and seizure in exigent circumstances without court
warrant) can prove to be problematic if such choices are challenged in court
based on the principle of proportionality.
Finally, particular attention must be paid to national regulations related to
personal data protection and, in particular, sensitive data categories that may
include data which is sought in the course of an investigation. Although there is
a general, international standard of non-applicability of data protection
guarantees (e.g. consent of the data subject to process data) in cases of criminal
investigations, there is a trend to subject police operations aimed at criminal
intelligence to data protection requirements. Law enforcement should be aware
of such standards, if applicable, and consult specifically with local data
protection authorities with a view to obtain guidance on such matters.
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4 Investigative Tools And Methodologies
The purpose of this section is to list some of the available tools that can be used
to detect and investigate laundering of crime proceeds through the use of virtual
currencies.
4.1 Red Flags/Indicators
Red flags/indicators are an important investigative tool in financial
investigations. A “financial investigation” in this context means an enquiry into
the financial affairs related to a criminal activity, with a view to:



Identifying the extent of criminal networks and/or the scale of
criminality;
Identifying and tracing the proceeds of crime, terrorist funds or any
other assets that are, or may become, subject to confiscation; and
Developing evidence which can be used in criminal proceedings43.
Regardless of whether the competent authority for financial investigations is a
Financial Intelligence Unit (FIU), law enforcement authority, supervisory
authority, cybercrime unit or any other investigative agency, the investigative
challenges presented by virtual currencies are still the same. Further discussion
of specialised units for financial investigations can be found in Section 5.5.
There is no study that has been carried out specifically to investigate and
identify red flags/indicators relating to the use of virtual currencies, but there
are several studies that have identified red flags/indicators in the more general
case of laundering crime proceeds on the Internet, or using new payment
methods.44, 45
Many of the red flags/indicators identified in these studies are applicable in the
case of laundering crime proceeds through the use of virtual currencies. Some
examples of the red flags/indicators identified in the studies are:
Interpretive note to Recommendation 30, “International standards on combating money
laundering and the financing of terrorism & proliferation – The FATF
Recommendations”, FATF-GAFI, February 2012. (Source: http://www.fatfgafi.org/media/fatf/documents/recommendations/pdfs/FATF_Recommendations.pdf)
44 “Money Laundering Using New Payment Methods”, FAFT-GAFI, October 2010. (Source:
http://www.fatfgafi.org/media/fatf/documents/reports/ML%20using%20New%20Payment%20Methods
.pdf)
45 “Criminal money flows on the Internet: methods, trends and multi -stakeholder
counteraction.”, Council of Europe Global Project on Cybercrime and MONEYVAL,
March 2012. (Source:
http://www.coe.int/t/dghl/cooperation/economiccrime/cybercrime/documents/reports presentations/MONEYVAL_2012_6_Reptyp_flows_en.pdf)
43
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

100
Discrepancies between submitted customer identification and IP address.
For example, if a user provides documentation on account creating
indicating an address in the UK and then all IP addresses associated with
the customer’s activity are noted as being from Japan.
Suspicious IP addresses and suspicious usernames (monikers, nicknames,
ICQ numbers) would help in the detection of criminal money flows.
Logins or attempted logins from non-trusted IP address or from user’s IP
previously identified as associated with suspicious activity.
However, the red flags/indicators provided in these studies, including the ones
just mentioned above, are very general and applicable in many forms of
investigation involving the Internet.
Perhaps somewhat more relevant are the red flags/indicators provided by the
FATF that can suggest a complicit payment provider. In the FATF study, these
red flags/indicators are provided in the context of a complicit prepaid card
provider. However, as mentioned in Module 2, this is a typology that is
applicable to virtual currencies. Therefore, the red flags/indicators of activity
that may be suspicious in the case of prepaid card providers may be useful in
the case of virtual currency providers. The provided red flags/indicators,
interpreted for the case of virtual currency providers are:



Large number of bank accounts held by the same virtual currency
administrator or virtual currency exchange company (sometimes in
different countries) apparently being used as flow-through accounts
(may be indicative of layering activity), without a business rationale for
such a structure.
Virtual currency administrator or virtual currency exchange company
located in one country but holding accounts in other countries where it
does not have a significant customer base (unexplained business
rationale which could be suspicious).
Back and forth movement of funds between bank accounts held by
different virtual currency administrator or virtual currency exchange
companies located in different countries (may be indicative of layering
activity as it does not fit the business model).
The volume and frequency of cash transactions (sometimes structured
below reporting threshold) conducted by the owner of a virtual currency
administrator or virtual currency exchange company do not make
economic sense.
4.2 Investigative Indicators
When examining a suspect PC, there can be various indicators of the use of
virtual currencies. This section will provide a discussion of some of the
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techniques that can be used to determine whether there is evidence of the
presence of use of virtual currencies by the suspect.
4.2.1 Presence of Software Associated with the Use of Virtual
Currencies
Some virtual currencies, particularly decentralised virtual currencies, involve
the installation of software. The presence of this software on a suspect
computer can be an indicator of the use of virtual currencies. The following
sections contain some examples of the software installed to use virtual
currencies.
4.2.1.1 Bitcoin
The software installed on a computer to use the Bitcoin network is called a
Bitcoin wallet. There are a variety of different Bitcoin wallet software packages
available. For example:





Bitcoin Core46
MultiBit47
Hive48
Bitcoin Armory49
Electrum50
Some, but not all, of these software packages will, after installation, download a
complete copy of the entire Bitcoin block chain. This is very large, almost 20Gb
in size. The large size of the block chain can be helpful to identify the data
directory in use by Bitcoin software. Additionally, the presence of a wallet file,
often called wallet.dat, is a strong indicator of the use of the Bitcoin network.
4.2.1.2 Other Distributed Virtual Currencies
LiteCoin wallet software51 and DogeCoin wallet software52 are also available.
The presence of this type of software package is an indicator of the use of these
virtual currencies.
46
https://bitcoin.org/en/download
https://multibit.org/
48 https://www.hivewallet.com/
49 https://bitcoinarmory.com/
50 https://electrum.org/
51 https://litecoin.org/
52 http://dogecoin.com/
47
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Similarly to the Bitcoin software mentioned above, some of these software
packages make large downloads when they are installed. In each case they are
downloading that virtual currency’s equivalent of the Bitcoin block chain.
WebMoney also provides a downloadable client for sending and receiving
WebMoney transfers.53
4.2.1.3 “In-world” Virtual Currencies
Multiple “in-world” virtual currencies such as Second Life Linden Dollars 54,
Project Entropia Dollars 55 or World-of-Warcraft Gold 56 can be acquired
through the applications that are used to interact with the virtual world.
The presence of these software applications may, in the correct context, also
indicate the use of their virtual currencies.
4.2.2 Browsing History Containing Virtual Currency Related Websites
Not all distributed virtual currencies involve the installation of software. For
example, the Ripple client operates as a JavaScript application in the user’s
browser.57 Other virtual currencies offer both downloadable software and
interaction through a web browser as options to send and receive virtual
currency.58
In addition, the trading of virtual currencies on virtual currency exchanges is
typically carried out in a web browser.
Therefore, the bookmarks, browsing history and cache of a suspect computer
may provide valuable indicators of use of virtual currencies.
4.2.3 Remote Storage Services
Recall that virtual currencies, particularly decentralised virtual currencies, are a
digital representation of value and that it is the digital representation itself
rather than how or where that representation is stored that is actually the
important indicator of stored value.
With that in mind, there is no reason why the digital representation need
necessarily be stored locally on the suspect PC. The amount of data in the digital
representation is typically small (less than 100 bytes) so there are almost
53
http://www.wmtransfer.com/eng/about/demo/classic/index.shtml
https://secondlife.com/support/downloads/
55 http://www.entropiauniverse.com/download/
56 http://us.battle.net/wow/en/
57 https://ripple.com/wiki/Client_Manual
58 http://www.wmtransfer.com/eng/about/demo/light/index.shtml
54
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innumerable ways in which a suspect could remotely store the digital
representation.
One possible way in which the digital representation could be stored is in a
remote storage service. There are many such services that offer virtual storage,
with most offering some sort of limited free service.59, 60, 61
Additionally, other remote services that are not specifically storage services
could also be used for the same purpose. One notable example of this would be
use of a web-based email provider62, 63 some of which specifically offer privacy
as a feature.64 , 65 Another example would be note or task management
services.66
Many of these services can also be accessed in a variety of ways including:




Specific, downloadable desktop software
Web-based interface
Standard applications such as email applications
Mobile applications
Identification of the use of these remote storage services may not, of itself,
indicate the use of virtual currencies. However, if virtual currencies are
suspected or known to be in use, identification and investigation of remote
storage services could be a very important source of evidence.
4.2.4 Credential Storage Software
Software is available that can be used to manage the login and account details of
a user.67, 68, 69, 70 These typically operate by having a single password that the
user needs to remember and storing all of the user’s other credentials in an
encrypted file. These software packages also often have the ability to store small
text notes.
59
60
https://www.dropbox.com/
https://drive.google.com/
61
https://www.amazon.com/gp/feature.html?ie=UTF8&docId=1000796931&ref_=cd_l m_
rd_fp
62 https://www.gmail.com/intl/en/mail/help/about.html
63 https://mail.yahoo.com/
64 https://www.hushmail.com/
65 https://lavaboom.com/
66 https://evernote.com/
67 https://agilebits.com/onepassword
68 https://lastpass.com/
69 https://www.my1login.com/content/index.php
70 http://www.f-secure.com/en/web/home_global/key
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Many web browsers also have the ability to store passwords associated with
logins to websites.71, 72, 73, 74
It may be possible if such software is identified, that credentials associated with
the use of virtual currencies, or even digital representations of virtual currency
are stored within such software.
Many of these software packages support remote storage of information
(credentials, notes, etc.), browser plugins and synchronisation of information
with a mobile application.
Once again, however, identification of the use of these software packages may
not, of itself, indicate the use of virtual currencies but if they are identified in
cases where virtual currencies are suspected or known to be in use, they can
potentially provide valuable evidence.
4.2.5 Virtual Machines
Virtual machine software allows a user to execute an operating system
essentially as an application on their computer. 75 , 76 , 77 This means, for
example, that a user could have a second windows computer, referred to as the
“guest”, stored on their computer, referred to as the “host”. Most virtual
machine software allows the files that represent the hard drive of the virtual
machine to be encrypted, meaning that the virtual machine cannot be booted up
without knowing the corresponding password.
In such a case, it would be possible to use an encrypted virtual machine for all
virtual currency activity and there would be no evidence of the use of virtual
currencies in the “host” operating system.
There are many legitimate uses of virtual machines, and for encrypting the hard
drives of virtual machines, but in cases where virtual currencies are suspected
or known to be used, the presence of virtual machines would be worthy of
investigation.
71
https://support.mozilla.org/en-US/kb/password-manager-remember-delete-changepasswords
72 http://www.cnet.com/uk/how-to/how-to-save-passwords-for-all-web-sites-in-safari/
73 https://support.google.com/chrome/answer/95606?hl=en
74 http://windows.microsoft.com/en-ie/internet-explorer/fill-in-forms-remember-passwordsautocomplete#ie=ie-11
75 http://www.vmware.com/
76 https://www.virtualbox.org/
77 http://www.parallels.com/
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4.2.6 Mobile Devices
The software for virtual currencies, as discussed in Section 4.2.1, and browsing
related to the use of virtual currencies, as discussed in Section 4.2.2, can also be
found on mobile devices. Examples of the software available for mobile devices
include Bitcoin78, 79, WebMoney80 and Ripple81 clients.
Evidence gathered through the investigation of mobile devices can therefore
also be an important indicator of the use of virtual currencies to launder crime
proceeds.
4.3 Forensic Analysis
Correctly gathering evidence is essential to building a case and evidence in cases
involving virtual currencies may be available in many places. The following
sections discuss some of the different sources of data and the nature of the
forms of evidence that may be recovered there.
A full discussion of the technical processes for gathering and analysing this
evidence is beyond the scope of this manual, but it should be performed by a
specialised forensic investigation unit, following best practice for gathering and
managing electronic evidence as discussed in Section 3.3.
4.3.1 Suspect Computer
A suspect’s computer may, as in many cases, be a valuable source of evidence. Of
course, such a discussion is not limited to the physical computer itself, but also
any other storage media (CDs, DVDs, external hard drives, flash drives, etc.) that
are found with, or known to have been used with, a suspect computer.
Some examples of the evidence that can be retrieved from a suspect computer
would be as follows:



78
There may be evidence in the form of credentials, visits to websites,
emails, etc. that establish the suspect’s relationship with a virtual
currency administrator or virtual currency exchange.
It may be possible to gather evidence to demonstrate a suspect’s
possession of particular virtual currency value.
In the case of bitcoins, it may be possible to identify particular addresses
that are in the control of the suspect. Bitcoin addresses can subsequently
be investigated to determine from which other addresses value was
https://play.google.com/store/apps/details?id=com.mycelium.wallet
https://play.google.com/store/apps/details?id=de.schildbach.wallet
80 https://wiki.wmtransfer.com/projects/webmoney/wiki/WM_Keeper_Mobile
81 https://ripple.com/blog/introducing-ripple-client-the-ios-app/
79
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


106
transferred to the suspect address and to which other addresses value
was transferred by the suspect address.82
The IP address of the computer at a particular time may be associated
with known suspect transactions or other financial activity.
Evidence of the use of remote storage services, upon which virtual
currency value may be stored (see the next section).
Passwords or other credentials that may be used to unlock virtual
currency accounts or value.
Case Study: Bitcoin Wallet
This case study focuses on the Bitcoin wallet software, MultiBit.83 MultiBit is
a lightweight Bitcoin wallet for Windows, MacOS and Linux.84 This study will
focus on the structure and operation of the software and will assume that the
investigator has appropriate tools and expertise to gather evidence in a
forensically sound way.
The application is installed, by default in C:\Program Files (x86)\Multibit0.5.18. The first time MultiBit is started, a new, empty wallet is created called
“multibit.wallet”. By default this wallet is not password protected and it is
stored in C:\Users\<user>\AppData\Roaming\MultiBit\multibit.wallet,
where “<user>” is the user name of the currently logged in user. It is possible
for a user to create as many wallets as they want, which will, by default, be
stored in the same folder as multibit.wallet.
MultiBit will create various backups of the configured wallets in a folder
called “<wallet name>-data” where <wallet name> is the name of a particular
wallet. This backup folder is also stored, by default, in the default MultiBit
data directory mentioned above.
An example of the main screen of MultiBit can be seen in Figure 2. On the left
hand side of the MultiBit main screen is a list of wallets that the user has
configured along with the amounts of bitcoin value stored in each wallet. On
the right hand side of the screen is a tab for sending bitcoins to another
wallet, a tab for receiving bitcoins, including the selected Bitcoin receiving
address and a tab where all transactions can be reviewed.
It is possible for the user to create any number of Bitcoin receiving addresses
using the “New” button on the receiving tab.
82
http://blockchain.info/
https://www.multibit.org/
84 This case study was developed on Windows 7 Professional, 64-bit, with MultiBit version
0.5.18.
83
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A Bitcoin receiving address is an alphanumeric string such as:
1FjckeaGiEZWawYHmhKU79BxPHvNu4Egqu
The “.wallet” file contains the private keys associated with each of the
Bitcoin wallet IDs, as well as transaction data associated with each
address.85 The file is stored in a binary format, which can be opened with
MultiBit. The easiest way to examine the content of the wallet file from a
suspect computer is to copy the MultiBit data directory to a forensic
workstation and open the wallet with MultiBit.
Transactions associated with Bitcoin addresses are stored in the Bitcoin
block chain, which can be queried online86. Therefore, information about
Bitcoin addresses gathered from suspect computers can be further
investigated to see which transactions preceded or followed on from
transfers to/from Bitcoin addresses known to be associated with a suspect.
It is not possible, using information stored by MultiBit, to associate any
Bitcoin addresses with IP addresses or other identifying information, except
of course any Bitcoin addresses that are found in the configuration files of
MultiBit that can be associated with other identifying information found on
the suspect computer.
Alongside each “.wallet” file there can be found a corresponding “.info” file.
The “.info” file will contain all of the configured sending and receiving
addresses. An example “.info” file can be seen in Figure 3. Each line
beginning with “receive” is a configured receive address and send addresses
will be in the same format but the line will begin with “send”. The location of
the wallet backup file can also be seen at the end of the “.info” file.
85
86
https://multibit.org/en/help/v0.5/help_fileDescriptions.html
http://blockchain.info/
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Figure 2: MultiBit Main Screen
Figure 3: MultiBit wallet info file
multiBit.info,1
walletVersion,2
receive,16tX9dKcSLDuKDUhbB9Qy2KvdRKUKFgzNU,
receive,1CMVGKneZJD3S8vaARnHdnQLYmGrApVucE,
receive,16wGizcLnQo6xSs5iSigstN9Ah3KLK4yvK,
receive,1Bi8bwvaA8PWU1XoC8PD1UDHd16MfcT1x7,
receive,1LKTxZrLd2vbT3uRFKPSLn9pm8ZnHnjFiH,
receive,1GG6Sq5JxAm3aEWNc98m1NzQmFMwyggLVq,
receive,1PZtgVQHErx1aCtZfGxcx3zutbCaaCPEwu,
receive,1MCsQKTsqBfg2asQNy1x8dGDkxB6mkvpRy,
property,walletDescription,Your%20wallet%20description
property,receiveLabel,
property,walletCleanedOfSpam,true
property,receiveAddress,14nuoifKUmXDTnTbGDyXKFZr9rbDDt
eiao
property,walletBackupFile,C%3A%5CUsers%5CDave%20O%27Re
illy%5CAppData%5CRoaming%5CMultiBit%5Cmultibitdata%5Crolling-backup%5Cmultibit-20140506170256.wallet
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Case Study: Second Life Linden Dollars
Second Life Linden Dollars can either be purchased using the Linden
Exchange, LindeX87 or “in-world” using the Second Life Viewer.88
The process of purchasing Linden Dollars in the Second Life Viewer is simply
to click the “Buy L$” button, as shown in Figure 4. The amount of Linden
Dollars required is entered here and the purchase is made. In order to
purchase Linden Dollars in this way, a payment method must be set up via
the Second Life website.
Purchases and sales of virtual currency can also be carried out through the
Linden Exchange directly on the Second Life website, or through another
third party exchange. Buying on the Linden Exchange is performed by
specifying either the amount of Linden Dollars to be purchased or the
amount of US Dollars to be spent, as shown in Figure 5. Selling is performed
in a similar fashion.
Passwords associated with Second Life accounts cannot be recovered
directly from the Second Life viewer, but it is possible they can be recovered
from password management software, as discussed in Section 4.2.4.
Similarly, it is possible that passwords associated with Second Life account
may be stored by a web browser.
Linden dollar balances, payment methods and transaction records are stored
with the Second Life account. It is possible therefore for Linden Labs to
disclose this information, subject to the appropriate legal process, which can
be one or all of the following:


87
Direct contact with Linden Labs with the request seeking accountrelated information which is not confidential under the Terms of
Service.89
Police-to-police cooperation procedure seeking production order
through 24/7 point of contacts (for members to the Convention on
Cybercrime) or through G8 Network of High-Tech Crime Units, or
through Interpol contact points if none of the former can provide
assistance. The ability or expedience of response is entirely dependent
on the receiving authority but is going to be much faster than formal
http://www.lindex.com/eu/
https://secondlife.com/support/downloads/
89 http://lindenlab.com/tos#tos7
88
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
110
mutual legal assistance requests.
Mutual legal assistance procedure launched through central prosecution
office or Ministry of Justice, which is then fully managed by the authority
in question; expediency is a major concern for such procedures.
Figure 4: Buying Linden Dollars through the Second Life Viewer
Figure 5: Buying Linden Dollars through the Second Life Website
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4.3.2 Cloud Services
Since virtual currencies are a digital representation of value, as discussed in
Module 1, there is no reason why the digital representation need necessarily be
stored locally on the suspect’s PC. The suspect might choose to store the digital
representation on an Internet storage service. There are a multitude of
possibilities for how this could be achieved in practice. Some examples include;



The use of a cloud storage service such as DropBox or similar.90, 91, 92
The use of an Internet-based email service provider.93, 94
The use of any form of Internet service that facilitates the storage of
notes or other forms of data.95
It may be possible to identify evidence of the suspect’s use of such a service
from their computer by identifying either software associated with the use of
the cloud service or browsing activity indicative of the use of a web-based
service. This can be followed up with a request for information from the service
provider using the appropriate legal channels, such as:



Direct contact with the service in question with the request seeking
disclosure of requested information.
Police-to-police cooperation procedure seeking production order
through 24/7 point of contacts (for Parties to the Council of Europe
Convention on Cybercrime) or through G8 Network of High-Tech Crime
Units, or through Interpol contact points if none of the former can
provide assistance. The ability or expedience of response is entirely
dependent on the receiving authority but is going to be much faster than
formal mutual legal assistance requests.
Mutual legal assistance procedure launched through central prosecution
office or Ministry of Justice, which is then fully managed by the authority
in question; expediency is a major concern for such procedures.
Case Study: The Presence of a Cloud Service
Application
DropBox is a file hosting service that offers cloud storage of files and
synchronisation of shared files across multiple devices96. To use DropBox, a
90
https://www.dropbox.com/
https://cloud.google.com/products/cloud-storage/
92http://www.amazon.com/gp/feature.html/ref=cd_def?ie=UTF8&*Version*=1&*entr ies*=0
&docId=1000796931
93 https://www.gmail.com/intl/en/mail/help/about.html
94 https://login.yahoo.com/config/login_verify2?&.src=ym&.intl=us
95 http://evernote.com/
91
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client application can be installed on the user’s computer to access their
shared files97.
When DropBox is installed, an additional folder shortcut is added to the list
of user’s favourites, as shown in Figure 6. A user can then simply drag files or
folders from their computer into this shared folder to synchronise them with
DropBox.
Having shared files from a computer using DropBox it is possible to access
them through a variety of methods, including through a web browser, as
shown in Figure 7.
Regarding virtual currencies, credentials or digital representations of value
could be stored in a text file, or any number of other file formats (Excel
Spreadsheet, Word document, etc.) and stored in a DropBox folder. This
information could then be accessed from the computer or from any remote
location using a mobile device or web browser.
Figure 6: Dropbox added to favourites
96
97
https://www.dropbox.com/
For the purposes of this case study, DropBox version 2.6.31 is used on Windows 7
Professional 64-bit.
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Figure 7: Dropbox web interface
4.3.3 Network Investigation
By capturing and analysing the network traffic to and from a suspect’s computer
it may be possible to identify communication that is indicative of the use of
virtual currencies. In particular, the following categories of traffic may be
identified:



Involvement in a distributed currency peer-to-peer network.
Engagement of the suspect computer with a virtual currency
administrating authority or a virtual currency exchange.
The use of cloud services, as discussed in Section 4.3.2.
Specialist network investigators will be required to perform this type of
investigation and there are a number of issues that may complicate the
collection of this type of evidence.
Firstly, the communication between the suspect computer and the computer
with which they are communicating will, in all probability, be encrypted. This is
virtually certain to be true in the situations under consideration in this manual,
where financial transactions are being carried out. The implication of this fact is
that it will not be possible through network traffic analysis to see the content of
the communication that has taken place. However, even if the communication is
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encrypted, it is still possible to establish that the communication between two
particular IP addresses has taken place; between the IP address of the suspect’s
computer and an IP address associated with a virtual currency exchange, for
example.
Secondly, there are options available online for individuals who are keen to
shield the fact that they are the source of particular communication. These are
known as anonymising proxies, and there are several types available. The first,
and perhaps most famous, is Tor, previously known as “The Onion Router”.98
Tor operates by encrypting and forwarding traffic through a series of
intermediary nodes. The traffic exits the tor network at some point, and will
appear to other servers on the Internet as if it is originating from that point and
not from the true source (i.e. the suspect’s computer). Tracing the traffic back to
the true source is extremely difficult, if not impossible.
Another alternative is the use of web-based anonymising proxies.99 These
operate by performing browsing requests on behalf of a user who simply enters
the web site they want to browse into the website of the anonymising proxy,
rather than directly into their own web browser. If such a service is used, it may
be possible, through the appropriate legal channels, to uncover the identity of
the true source of the traffic100, in the following manner:



98
Direct contact with the proxy service in question with the request
seeking disclosure of requested information, based on Terms of Service
or Privacy Policy that do not specifically prohibit this;101
Police-to-police cooperation procedure seeking production order
through 24/7 point of contacts (for Parties to the Council of Europe
Convention on Cybercrime) or through G8 Network of High-Tech Crime
Units, or through Interpol national contact points where none of the
former can provide assistance. The ability or expedience of response is
entirely dependent on the receiving authority; however, is going to be
much faster than formal mutual legal assistance requests;
Mutual legal assistance procedure launched through central prosecution
office or Ministry of Justice, which is then fully managed by the authority
in question; expediency is a major concern for such procedures.
https://www.torproject.org/
http://www.hidemyass.com/
100 For example, http://www.theinquirer.net/inquirer/news/2112002/hidemyass -hide-ass
101 http://hidemyass.com/legal/privacy/
99
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4.4 Engagement with Administrating Authorities/Currency
Exchanges
In line with the procedural powers and investigative tools discussed in previous
sections of this Module, engagement of administrating authorities of centralized
virtual currencies is going to be established and developed along the lines of
public-private cooperation models tested in cybercrime investigations. See
Section 5.7 for further discussion of public-private cooperation.
First of all, direct contact with the administrating authorities may be attempted
based on the Terms of Service or Privacy Policies, many of which contain
clauses on the cooperation with law enforcement, waiver of confidentiality
guarantees and/or retention of certain data (accounts, transactions, etc.) for
certain periods of time. Legal departments of administrating authorities may be
willing to cooperate directly with foreign law enforcement unless there are
specific regulations prohibiting such practice.
Being incorporated as legal entities in their respective jurisdictions, central
administrating authorities will be, in any case, obliged to cooperate with local
law enforcement in investigation of criminal offences. That is why police-topolice cooperation modalities are a preferred approach in many cases where
direct, informal cooperation is unlikely or is taking too much time. Police
cooperation modalities have been discussed numerous times throughout this
manual, including 24/7 point of contacts under the Convention on Cybercrime,
G8 Network of High-Tech Crime Units, or Interpol national contact points who
will be eligible to undertake specific actions on behalf of foreign law
enforcement, such as expedited preservation of stored computer data or other
investigative actions allowed in the framework of bilateral agreements.
Mutual legal assistance procedures are most formal procedures that are based
on traditional cooperation procedures in criminal cases in the framework of
bilateral or multilateral treaties. Mutual legal assistance requests concerning
central administrative authorities and investigative activities to be taken should
be routed through central channels for MLA cooperation, which are primarily
chief (General) prosecutor’s offices or Ministries of Justice.
The approach to exchanges of decentralized or centralized virtual currencies
would not be different from the one employed with regard to central
administrative authorities. Even where such institutions are incorporated into
the traditional financial systems of their respective states, exchange services
related to virtual currencies may not be covered by applicable financial
regulations; therefore, for public-private cooperation purposes, currency
exchanges should be treated as regular legal entities incorporated in respective
jurisdictions. Therefore, production orders can be served on such entities either
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through police cooperation modalities (where such procedures are allowed) or,
more realistically, through formal MLA procedures.
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5 Countermeasures
Several countermeasures and good practices have been identified in previous
studies that are applicable to the case of virtual currencies. Many of the
countermeasures cited below arise from studies into broader issues of
cybercrime, money-laundering, financing of terrorism as well as search, seizure
and confiscation of proceeds of crime on the Internet. Nevertheless they are
applicable in the case of virtual currencies specifically, as will be discussed in
the sections that follow.
5.1 Implementation of the FATF Recommendations
The FATF publishes a comprehensive framework of measures for countries to
implement in order to combat money-laundering and terrorist financing, as well
as the financing of proliferation of weapons of mass destruction.102 Many of
these recommendations are applicable to, or can be interpreted in the context of,
virtual currencies.
The FATF Recommendations are intended as an international standard, which
countries should implement through measures adapted to their own particular
circumstances. The document sets out the essential measures that countries
should have in place to:






Identify the risks, and develop policies and domestic coordination.
Pursue money-laundering, terrorist financing and the financing of
proliferation of weapons of mass destruction.
Apply preventative measures for the financial sector and other
designated sectors.
Establish powers and responsibilities for the competent authorities (e.g.
investigative, law enforcement and supervisory authorities) and other
institutional measures.
Enhance the transparency and availability of beneficial ownership
information of legal persons and arrangements.
Facilitate international cooperation.
Full detail on each of the recommendations, further reading and other
references can be found in the FATF recommendations.
102
“International Standards on Combating Money Laundering and the Financing of
Terrorism & Proliferation – The FATF Recommendations”, FATF-GAFI, February
2012. (Source: http://www.fatfgafi.org/media/fatf/documents/recommendations/pdfs/FATF_Recommendations.p df)
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5.2
118
Reporting
Frauds and money-laundering on the Internet often involve the use of large
volumes of small transactions using both willing and unwilling money mules.
This technique presents challenges from an investigative point of view since
each individual transaction is very small and awareness of the fact that these
individually small transactions can form part of a much larger criminal network
is relatively low. Even when suspicious transactions are identified, the collation
of a large volume of low value transactions and the subsequent identification of
the true nature of the criminal activity can be difficult.
In the case of virtual currencies, the lack of regulation of virtual currency service
providers means that there is often very limited, or no, reporting obligations on
those organisations. Additionally, in the case of decentralised virtual currencies
where there is no central administrating authority upon which a reporting
obligation could be placed, there are significant technical obstacles to a formal
structure for reporting of suspicious activity.
Several studies cite reporting, or other techniques for enhancing knowledge of
criminal tools and techniques as an example of good practice.103, 104 This can
also include gathering of operational data to assist with detection and
investigation of Internet crimes.
Numerous examples can be found of cooperation for the purposes of gathering
and collating information specifically relating to the use of Internet services to
commit crime, including laundering funds. These include:



The Internet Crime Complaint Centre (IC3) in the United States.105
MELANI in Switzerland.106
The National Fraud Reporting Centre in the UK.107
The purpose of these initiatives is to allow various stakeholders, either
members of the public, businesses or other victims of crime on the Internet to
report to a central location. The central location can then analyse the reported
activity to identify patterns or other intelligence that could be helpful in
initiating of progressing an investigation.
Chapter 8 of “Comprehensive Study on Cybercrime”, UN Office on Drugs and Crime,
February 2013 (draft).
104 Section 4.1 of “Criminal money flows on the Internet: methods, trends and multi stakeholder counteraction.”, Council of Europe Global Project on Cybercrime and
MONEYVAL, March 2012. (Source:
http://www.coe.int/t/dghl/cooperation/economiccrime/cybercrime/documents/reports presentations/MONEYVAL_2012_6_Reptyp_flows_en.pdf)
105 http://www.ic3.gov/
106 http://www.melani.admin.ch
107 http://www.actionfraud.org.uk/home
103
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The intelligence that can be gathered through such reporting initiatives could, in
principle, also be helpful in the detection and investigation of laundering crime
proceeds on the Internet, including through the use of virtual currencies.
One example of a case where such reporting would be helpful is in cases where
known suspect accounts with traditional financial services are used to fund
virtual currency accounts. In such cases, knowledge of which virtual currency
accounts were funded, and where those funds were subsequently transferred to,
would help to close gaps in knowledge that may be introduced in the first place
by the use of virtual currencies.
5.3 Public Awareness
There are many ways in which criminals exploit the ignorance of members of
the public. Some examples include:



Phishing emails/websites purporting to be from a financial institution
tricking a customer into providing the criminal with their banking
credentials. This exploits a lack of customer awareness of the fact that
banks do not communicate with their customers in this way.
Spam emails containing malware exploits a lack of customer awareness
that they should not open attachments from people they do not know.
Job offers and other inducements to become money mules exploiting
customer naiveté with attractive, “too good to be true” jobs.
In these and other cases, effective and on-going programmes of public
awareness can help to combat these techniques.
In the case of virtual currencies, awareness of the lack of protection, including
the dangers of the irreversible nature of virtual currency transactions would be
important. Mule recruitment activity relating to the use of virtual currencies
could also be treated in a similar way.
5.4 Harmonised Legal Framework
A harmonised legal framework based on the adoption of international
instruments is often cited as an important countermeasure against many forms
of crime, including crimes on the Internet.108, 109
Recommendation 36 in “International Standards on Combating Money Laundering and
the Financing of Terrorism & Proliferation – The FATF Recommendations”, FATFGAFI, February 2012. (Source: http://www.fatfgafi.org/media/fatf/documents/recommendations/pdfs/FATF_Recommendations.pdf)
109 Section 4.4 of “Criminal money flows on the Internet: methods, trends and multi stakeholder counteraction.”, Council of Europe Global Project on Cybercrime and
MONEYVAL, March 2012. (Source:
108
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The inherently international nature of most virtual currencies, and the
consequent need for cross-border investigations and cooperation in cases of
laundering crime proceeds is important to bear in mind in this context.
Harmonised legal frameworks are important for a variety of reasons including
facilitating cross-border investigations, and therefore constitute an important
countermeasure in the case of virtual currencies.
Harmonized legal frameworks are, first of all, important for formal international
cooperation modalities, be it police-to-police cooperation or mutual legal
assistance, which are based on the principle of dual criminality. Dual criminality
seeks to ensure that the criminal conduct is similarly criminalized in both
requesting and requested jurisdictions, and is an absolute prerequisite for such
cooperation to take place.
Secondly, harmonized legal frameworks contribute to crime prevention, so that
criminalization of offences or other incorporation of illegal acts into the law is
evenly implemented across jurisdictions in order to prevent “safe havens” for
criminals. Such concerns are particularly valid for illegal use of virtual
currencies, both in the sense of cybercrime and money-laundering offences,
since online environment is highly conducive to transnational nature of criminal
activity.
Finally, harmonized legal frameworks are an important element in compliance
with international monitoring by either money-laundering (such as FATF,
MONEYVAL) or cybercrime (such as the Council of Europe Cybercrime
Committee) institutions. Harmonization in this context is important for further
development of the law in these areas enabling, in a longer term, increased
efficiency of national authorities in preventing and suppressing the relevant
offences.
5.5 Specialised Units
5.5.1 Specialised Units for Financial Investigations
Financial investigations are investigations into the financial affairs related to
criminal conduct, the goal of which is to identify and document the movement of
money during the course of criminal activity. A financial investigation involves
the collection, collation and analysis of all available information with a view
towards assisting in the prosecution of crime and in the deprivation of the
proceeds and instrumentalities of crime. A financial investigation can be used as
http://www.coe.int/t/dghl/cooperation/economiccrime/cybercrime/documents/reports presentations/MONEYVAL_2012_6_Reptyp_flows_en.pdf)
Module 3 : Detection and Investigation of Laundering Crime Proceeds Through Virtual Currencies
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an instrument to reveal undiscovered predicate offences and to identify other
people and companies involved in criminal activity110.
In line with FATF Recommendation 30 there should be designated law
enforcement authorities that have responsibility for ensuring that moneylaundering, predicate offences and terrorist financing are properly investigated
through the conduct of a financial investigation. Interpretive Note to
Recommendation 30 requires a ‘parallel financial investigation’ which refers to
conducting a financial investigation alongside, or in the context of, a
(traditional) criminal investigation into money-laundering, terrorist financing
and/or predicate offence(s). Law enforcement investigators of predicate
offences should either be authorised to pursue the investigation of any related
money-laundering and terrorist financing offences during a parallel
investigation, or be able to refer the case to another agency to follow up with
such investigations.
Thus, numerous models for the structure and role of specialised financial
investigation units are possible and they may not be enforcement authorities,
per se. In any case the central role in financial investigations normally resides
with Financial Intelligence Units (FIU) that serve as a national centre for the
receipt and analysis of: (a) suspicious transaction reports received from banks
and other designated reporting entities; and (b) other information relevant to
money-laundering, associated predicate offences and terrorist financing, and for
the dissemination of the results of that analysis.
Recommendation 30 also supports the use of multi-disciplinary groups in
financial investigations. The assembling of multi-disciplinary groups to conduct
financial investigations is well-understood best practice111. Such groups may
consist of financial investigators, experts in financial analysis, forensic
accountants, forensic computer specialists, prosecutors and asset managers.
Experts from other agencies may also be appointed or seconded such as from a
regulatory authority, FIU, tax authority, auditing agency, inspector general or
even from the private sector. Further discussion of inter-agency cooperation
modalities can be found in Section 5.6.
In the case of virtual currencies, specialised financial investigative units can
draw on their experience investigating laundering crime proceeds using more
traditional methods. This knowledge can be effectively combined with the
Paragraphs 14 and 15 of “FATF Report – Operational Issues: Financial Investigations
Guidance”, FATF-GAFI, June 2012. (Source: http://www.fatfgafi.org/media/fatf/documents/reports/Operational%20Issues_Financial%20investigatio
ns%20Guidance.pdf)
111 “FATF Report – Operational Issues: Financial Investigations Guidance”, FATF-GAFI,
June 2012. (Source: http://www.fatfgafi.org/media/fatf/documents/reports/Operational%20Issues_Financial%20investigatio
ns%20Guidance.pdf)
110
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expertise of specialised cybercrime units (discussed in the next section) to map
this knowledge into the domain of virtual currencies.
5.5.2 Specialised Cybercrime Units
Specialised cybercrime units are a key element of the response to cybercrime.
Specialised units in this case include both specialist law enforcement units but
also specialised prosecutors112.
The types and roles of specialised cybercrime units can vary, but predominantly
they are to:



Investigate and/or prosecute offences against computer data and
systems
Investigate and/or prosecute offences committed by means of computer
data and systems
Carry out computer forensics with respect to electronic evidence in
general
There has been a trend in recent years towards a separation of responsibilities
from the units responsible for the investigation of cyber- and other technology
related crime and the units responsible for the gathering and examination of
electronic evidence. This has arisen from the fact that in a number of countries,
unmanageable backlogs of cases built up that required analysis of electronic
evidence by a small group of investigators ostensibly responsible for cybercrime
investigations. This led to the acknowledgement that an increasing number of
crimes of all types involve some component of electronic evidence and therefore
the forensic analysis of electronic evidence is nowadays increasingly integrated
into mainstream forensic structures.
The function of specialised units will depend on the legislation that provides the
legal basis for the unit, the department to which the unit is attached, internal
structure of the authority and many other factors, but some common patterns
can be observed:

112
Units that investigate crimes committed against computer data and
systems or by means of computer data and systems. These units may also
have an internal computer forensic capability.
Chapter Five of the UNODC Comprehensive Study on Cybercrime; see also “Specialised
cybercrime units – good practice study”, Prepared jointly by the CyberCrime@IPA
project of the Council of Europe and the European Union, Global Project on
Cybercrime of the Council of Europe and the European Union Cybercrime Task Force,
November 2011. (Source:
http://www.coe.int/t/DGHL/cooperation/economiccrime/cybercrime/Documents/Report
s-Presentations/Octopus2011/2467_HTCU_study_V30_9Nov11.pdf)
Module 3 : Detection and Investigation of Laundering Crime Proceeds Through Virtual Currencies



123
Units that are responsible only for collecting and analysing electronic
evidence.
Units that coordinate investigative activities or gather intelligence but do
not have an investigative function themselves.
Units that are competent to investigate a specific crime.
In investigations involving the use of virtual currencies, there are many aspects
that will be similar with other cybercrime investigations, so the technical
expertise of specialised cybercrime investigators and forensic experts will be
extremely helpful to ensure that the required evidence is gathered, and
gathered correctly.
5.6 Inter-agency cooperation (public-public cooperation)
Depending on the specific details of each particular country, different
agencies/authorities may be responsible for financial investigations,
confiscation of proceeds, measures against money-laundering, cybercrime,
forensic analysis and so on. Effective cooperation between these agencies to
detect and investigate cases involving laundering of crime proceeds on the
Internet, is an important condition for success.
In the case of virtual currency investigations, which have features in common
with both cybercrime investigations and investigations of laundering crime
proceeds on the Internet using other techniques, inter-agency cooperation will
also be important.
Structures for inter-agency cooperation can be categorised as formal or
informal. Formal arrangements, where there is a permanent infrastructure or
arrangement (such as a Memorandum of Understanding) put in place to
facilitate the cooperation. Equally important and much less well understood and
appreciated are the informal arrangements that frequently exist between
agencies.
Some examples of ways in which countries have implemented inter-agency
cooperation are:




Drawing together of expertise from multiple agencies to identify
investigative challenges.
Analyse representative cases by carrying out checks with national police
authorities.
Describe enforcement approaches from the view of the police and the
supervisory authority.
Establishing information sharing systems whereby agencies can be made
aware of previous or on-going investigations into the same person
Module 3 : Detection and Investigation of Laundering Crime Proceeds Through Virtual Currencies



124
and/or legal entities. This helps to avoid replication, and promote crossfertilisation.
Establishing policies and procedures that promote the sharing of
information/intelligence.
Establishing a process whereby disputes are resolved in the best interest
of the investigation.
Competent authorities establishing written agreements such as
Memoranda of Understanding or similar to formalise these processes.
Case Study: Focal Point for Reporting
Consider as an example of formal cooperation, the establishment of a focal
point for the reporting of crimes. The importance of reporting as a
countermeasure has already been discussed in Section 5.2.
Members of the public can often have difficulty knowing where and how to
report crime. Reports from members of the public can be extremely
important in identifying large-scale crimes on the Internet. This is because,
considering the laundering typology mentioned in Module 2, a large number
of small transfers are made using mule accounts that the amounts involved
in individual crimes may be small.
Once the crime has been reported it is possible for the reporting point to
identify crime patterns that may not otherwise have been identified. As well
as this, it is possible for the reporting point to forward the reported crime to
the appropriate unit for investigation.
Several examples of this model exist in practice.
One such example is the US Department of Justice website for directing
members of the public to the appropriate authorities to report computer
hacking, fraud and other Internet-related crime113.
Another example is the Internet Crime Complaint Center (IC3)114. This is a
partnership between the Federal Bureau of Investigation (FBI) and the
National White Collar Crime Center (NW3C). Its mission is to serve as a
vehicle to receive, develop and refer criminal complaints regarding the
rapidly expanding arena of cybercrime. This gives members of the public of
cybercrime a way to alert authorities of suspected criminal or civil
violations. It also provides law enforcement and regulatory agencies at
113
114
http://www.justice.gov/criminal/cybercrime/reporting.html
http://www.ic3.gov/default.aspx
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federal, state and local level with a central referral mechanism for
complaints involving Internet related crimes.
Case Example: Secondments to FIU
In Korea, a number of agencies have seconded a number of officials to the
FIU. These secondees are responsible for leading the analysis of Suspicious
Transaction Reports relating to their area of specialism, and identifying
those which should be investigated by law enforcement agencies. In 2012
these compromised nine secondees from the public prosecutor’s office, eight
from the police, seven from the tax administration, seven from the customs
administration, one from the Financial Supervisory Service and one from the
Bank of Korea. For the period of their secondment to the FIU, these officials
cannot directly access information held by their own agency, but must access
information through the usual FIU gateway.
The Spanish tax administration has also seconded six of its officers to the
FIU, to assist in analysing Suspicious Transaction Reports. As in Korea,
seconded officials in Spain may share their skills and experience, but are not
able to access tax information which, if required, must be obtained through
normal channels using the FIU’s dedicated point of contact within the tax
administration.
The Netherlands tax administration has seconded a number of its officials to
work as liaisons in the FIU. These staff work alongside FIU personnel in
analysing Unusual Transaction Reports, but have direct access to tax
administration databases to support them in this.
In Greece, personnel are seconded to the FIU from each of the agencies
represented on the FIU’s Board. These trained and experienced specialists
work in analysing Suspicious Transaction Reports, with access to their
respective agencies’ databases.
The Portuguese tax and customs administration has personnel assigned to a
liaison group located within the FIU.
In the United States, all large federal agencies, including the tax
administration, have officials posted to the FIU, to act as liaisons in
facilitating the sharing of information, typologies and trends.
The United Kingdom tax administration has a small team embedded in the
FIU since the mid-1990s, in order to fully exploit Suspicious Transaction
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Report data in the execution of its tax administration, law enforcement and
other functions.
In Belgium, three officials from the police work as liaisons within the FIU.
In Finland, the Asset Recovery Office is located within the FIU. The Asset
Recovery Office is mainly staffed by personnel from the Finnish police, but
also includes one official from the tax administration and one from the
Enforcement Authority. In addition, 17 multi-agency regional groups have
been established across Finland to trace the proceeds of crime, comprising
38 officials from the police, 20 from the tax administration and 19 officials
from the Enforcement Agency.115
Case Study: National Inter-Agency Cooperation
The Netherlands Financial Expertise Centre (FEC) is a joint project between
supervisory, investigation, intelligence and prosecution authorities involved
in regulating or monitoring activity in the financial sector. Partners in the
FEC are the National Tax and Customs Administration, the Fiscal Intelligence
and Investigation Service (FIOD, which is structurally part of the NTCA), the
National Police, the General Intelligence and Security Service, the Public
Prosecution Service, the Netherlands Financial Markets Authority and De
Nederlandsche Bank, with the Ministry of Finance and Ministry of Security
and Justice as observers. The mission of the FEC is to monitor and strengthen
the integrity of the financial sector, and tackle issues of financial integrity
throught inter-agency co-operation. This entails sharing information and
building a knowledge centre belonging to and for the benefit of participating
agencies, containing the knowledge and expertise needed to safeguard the
integrity of the financial sector. Risks that the FEC focuses on include moneylaundering, property fraud, identity fraud including skimming from bank
accounts, mortgage fraud, investment fraud, and cyber crime including
phishing scams.116
Page 72 of “Effective Inter-Agency Cooperation in Fighting Tax Crimes and Other
Financial Crimes”, OECD 2 nd Annual Forum on Tax and Crime, June 2012.
116 Page 25 of “Effective Inter-Agency Cooperation in Fighting Tax Crimes and Other
Financial Crimes”, OECD, Second Edition, 2013.
115
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Case Study: International Coordination and Analysis
In 2013 the European Commission officially commenced operations of the
European Cybercrime Centre (EC3) at Europol117. The purpose of the centre
is to act as a focal point in the EU’s fight against cybercrime, contributing to
faster reactions in the event of online crimes. The role of EC3 is to support
Member States and the European Union’s institutions in building operational
and analytical capacity for investigations and cooperation with international
partners.
The mandate of EC3 is to tackle the following areas of cybercrime:

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That committed by organised groups to generate large criminal profits
such as online fraud.
That which causes serious harm to the victim such as online child
sexual exploitation.
That which effects critical infrastructure and information systems in
the European Union.
Investigations into online crimes can often involve hundreds of victims at a
time, and suspects in many different parts of the world. This requires law
enforcement authorities to adopt a coordinated and collaborative approach
across borders, together with public and private stakeholders. The EC3 aims
to provide a collaborative approach in cooperation with:

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117
118
EU member states
Key EU stakeholders
Non-EU countries
International organisations
Internet governance bodies and service providers
Companies involved in Internet security and the financial sector
Academic experts
Civil society organisations
Computer Security Incident Response Teams (CSIRTs) 118 and the
CERT-EU.
https://www.europol.europa.eu/ec3
CSIRTs (Computer Security Incident Response Teams) are the key specialist groups that
are instrumental in protection of national critical information infrastructures through a
variety of methods, mostly focusing on prevention, handling and mitigation of
consequences of cyber-security incidents.
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5.7 Public-private cooperation and information exchange
Public-private cooperation and information exchange has been highlighted the
single measure with arguably the strongest impact on the prevention and
control of criminal money flows on the Internet. The problem addressed by such
sharing is the lack of use of existing information, held by domestic financial
institutions and law enforcement authorities. There are also issues relating to
public-private cooperation and information exchange where the private sector
organisations are multinational service providers.
Many examples of public-private cooperation and information exchange can be
found and most relate to national cooperation and information exchange 119 but
public-private cooperation can be considered much more broadly.
In the first instance, it is important to define what is meant by the terms “public”,
“private” and “cooperation”.
There are many different components of the public service that may be
interested in cooperating with the private sector. For example, law enforcement
authorities, prosecution authorities, judges, financial regulators, supervisory
authorities, FIUs, other regulatory authorities, customs officials, military
agencies, intelligence agencies, and so on. The nature and extent of the
engagement that is possible, and the requirements needed to facilitate that
engagement will depend on the type of public agency concerned.
Similarly, there are many private sector organisations with which public
agencies may have in interest in cooperating with in the context of cybercrime,
and virtual currencies specifically. Broadly, these can be divided into two
categories: national and international corporations. With the international
nature of the Internet, cybercrime and laundering crime proceeds on the
Internet, international organisations can be in possession of information with
can be critical to investigate cases of laundering crime proceeds. Examples of
these organisations would be cloud and other Internet service providers
(Microsoft, Amazon, Yahoo!, Facebook, Skype, Google, etc.), Internet payment
service providers (PayPal, etc.), international financial organisations (Visa,
Mastercard, Amex, etc.)
Within a national context, there are also important private sector organisations
that can offer important information to investigations. The main examples in
119
Section 4.7 of “Criminal money flows on the Internet: methods, trends and multi stakeholder counteraction.”, Council of Europe Global Project on Cybercrime and
MONEYVAL, March 2012. (Source:
http://www.coe.int/t/dghl/cooperation/economiccrime/cyberc rime/documents/reportspresentations/MONEYVAL_2012_6_Reptyp_flows_en.pdf)
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this category are typically financial institutions, telecommunications providers
and Internet service providers.
The nature of the cooperation will also depend on the parties intending to
cooperate but common cooperation techniques include operational support,
sharing technical knowledge and sharing intelligence, enabling and supporting
compliance reporting and investigations.
To make a public-private cooperation effective, there must be a compelling
business justification for all parties concerned. For public sector organisations
the justification can be built from facilitating increased successful civil and
criminal convictions or gathering operational intelligence. For private sector
organisations the justifications can be reduction of fraud, sharing the cost of
fraud prevention at an industry level, brand protection and corporate
responsibility.
Case Study: Working with Financial Institutions
The Irish Banking Federation is the representative body for all financial
institutions in Ireland. The IBF established a high-tech crime forum as a
national public-private cooperation initiative to manage threats to the retail
banking sector by cyber- and high-tech crime. The high tech crime forum
meets four times per year to exchange information, hear about current and
emerging threats, identify projects to be carried out at an industry level and
to sponsor research and other initiatives.
The members of the forum include:

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
Representatives from all of the online retail banks operating in Ireland.
Law enforcement representatives from cybercrime unit
Law enforcement representatives from credit card fraud unit
Representatives from the Internet Service Providers Association of
Ireland (ISPAI)
Representatives from the Irish Payment Services Organisation (IPSO)
Representatives from academia (UCD Centre for Cybercrime
Investigation)
There have been a number of successful initiatives carried out by the high
tech crime forum, some of which are summarised here:

Information exchange:
o Every bank reports on the types and amounts of cybercrime seen
since the last meeting.
o Internet service providers share information about observed
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
130
threats, trends and other relevant incidents.
o The payment services organisation share information about
payment card crime.
o Law enforcement share information about emerging international
trends.
Incident management and reporting centre: The members of the high
tech crime forum observed that it was very difficult to gain access to
accurate information on the scale of the threat of cybercrime faced by
financial institutions in Ireland. The members of the group launched a
project to study this issue and based on the findings from the project
agreed to collectively invest in infrastructure to which they would all
report anonymous cybercrime incident data. This data would then be
collated to provide accurate statistics and trends to the members about
the number and amount of cybercrime incidents, including the
reported losses.
Simulation exercises: The members of the high tech crime forum agreed
to conduct several simulated major cybercrime incidents. The purpose
of these incidents was to investigate the effectiveness of internal
response procedures in the financial institutions and how to structure
coordination at an industry level, should that be required.
Operational support: The high tech crime forum provided expertise to
individual financial institutions and law enforcement in specific cases
involving particularly technical cases.120
Case Study: Cooperation with Internet Service
Providers
In January 2010, leading Georgian Internet Service Providers representing
absolute majority of the telecommunications market have entered into the
“Memorandum of Understanding between the Law Enforcement Agencies
and Internet Providers based on the principles of cooperation in the field of
cybercrime” with the Ministry of Internal Affairs. The document was the
result of year-long negotiations between the Internet industry and the
Government of Georgia in the framework of Project on Cybercrime
implemented by the Council of Europe. The Memorandum is maintained by
the Georgian National Communications Commission, which is an official
registrar of the agreement.
The conclusion of the Memorandum was preceded by discussions between
120
“Banks band together to tackle high-tech crime”, Silicon Republic, August 2006.
(Source: http://www.siliconrepublic.com/business/item/6595-banks-band-together-totack)
Module 3 : Detection and Investigation of Laundering Crime Proceeds Through Virtual Currencies
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parties on the necessary changes to legislation, including preservation of
stored computer data, as well as changes in the Law on Electronic
Communications, as a result of which the principle of absolute subscriber
confidentiality has been revoked.
The Memorandum recognizes the need to balance the privacy of individual
users with the threats to information security, and inevitability of
cooperation to achieve such balance. ISPs are regarded as equal parties in
combating cybercrime along law enforcement authorities.
The Memorandum implements a number of important principles of
cooperation, such as:
-
Principle of minimum interference, so that cooperation activities have
minimum effect on quality of Internet service and lead to Internet
service disruption only in exceptional cases.
Contact points are being devised and available 24/7 from both law
enforcement and ISPs to enhance cooperation.
Regular exchange of information and experience takes place (mostly
through a yearly Cyber-Security Forum).
Only written requests represent a basis for cooperation.
Confidentiality of such communications is respected by both sides.
Reasonable time is accorded to respond to requests – in practice rarely
above 3 days.
Where requested information cannot be provided by ISPs, written
explanations are presented to law enforcement as to the relevant
reasons.121
The Memorandum of Understanding is an enforceable and living document
that is being actively used and referenced in cybercrime investigations.
5.8 Training
Training and awareness raising at all levels within the criminal justice system,
including law enforcement, prosecutors and judiciary. Various projects,
including this training manual, have been carried out to help provide the
required training expertise and awareness raising material.
Some of the challenges highlighted are the absence of experienced practitioners
to serve as trainers and also the integration of the required training into either
initial or in-service training of the relevant professionals.
121
The text of the Memorandum is available at the Council of Europe website:
http://www.coe.int/t/dghl/cooperation/economiccrime/cybercrime/cy%20project%20balkan/June%201
1_Duress_Cooperation_LEA_ISP/2215_MoU_Cooperation%20LEA-ISP_eng.pdf.
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Case Study: Knowledge Sharing
In Austria, regular meetings and training sessions are held including officers
from different agencies. This enables staff to develop and maintain personal
contacts and have proved effective in improving the efficiency of joint
working and information sharing. Inter-agency meetings to share strategic
information relating to trends in financial crime, guidance on investigative
techniques and best practice in managing cases, as well as cross-agency
training sessions and conferences are also used in the Czech Republic,
Luxembourg, the Netherlands, New Zealand and the Slovak Republic.122
Case Study: Cybercrime Training
In 2007, the European Cybercrime Training and Education Group123 was
established at Europol to coordinate cybercrime training initiatives and
manage training material that had been developed through a number of EU
projects. The aims of the group are to:

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

Support international activities to harmonise cybercrime training
across international borders.
Share knowledge, expertise and find training solutions to issues
identified.
Promote standardisation of methods and procedures for training
programmes and cooperation with other international organisations.
Collaborate with academic partners to establish recognised academic
qualification in the field of cybercrime and work with universities that
have already created such awards making them available across
international borders.
Collaborate with industry partners to establish frameworks whereby
their existing and future efforts to support law enforcement by the
delivery of training, harmonised into an effective programme that
makes best use of available resources.
Support international partners by providing training material and
trainers to support their efforts to train law enforcement on
Page 74 of “Effective Inter-Agency Cooperation in Fighting Tax Crimes and Other
Financial Crimes”, OECD 2 nd Annual Forum on Tax and Crime, June 2012.
123 http://www.ecteg.eu/index.html
122
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cybercrime issues globally.
A large number of technical courses have been developed, strictly for law
enforcement use. The list of courses is:
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Linux as an Investigative Tool (part 1)
Linux as an Investigative Tool (part 2)
Applied NTFS Forensics
Core Skills in Mobile Phone Forensics
Internet Investigations
Network Investigations
Malware Analysis and Investigations
Forensic Scripting using BASH
Introductory Open Source IT Forensics and Network Investigation
Course
Live Data Forensics
Macintosh Forensics Course
Network Forensic Intermediate Course
Solid State and other Storage Media Forensic Course
Vista and Windows 7 Forensics
Data Mining and Databases
Intermediate Mobile Phone Forensics
Module 3 : Detection and Investigation of Laundering Crime Proceeds Through Virtual Currencies
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Self Assessment
Question 1: Describe, from the perspective of substantive criminal law,
interrelation between money-laundering and cybercrime in cases where
virtual currencies are used.
Question 2: What can be an example of an offence of illegal access in relation
to virtual currencies?
Question 3: Describe how use of online anonymizers (proxies) can be used as
an element of crime in data interference offences, when such offences
compromise the personal data of virtual currency users.
Question 4: Explain how the use of decentralized virtual currencies could be
used to prove an element of “layering” in money-laundering charges?
Question 5: Explain possible correlations between computer-related fraud
and money-laundering through the use of virtual currencies.
Question 6: Which CSIRT data can be used for financial investigators in
money-laundering cases involving virtual currencies?
Question 7: What is the legal basis and requirements for interception of
content data in cases involving virtual currencies?
Question 8: Explain procedural differences (in terms of law and practice)
between expedited preservation of stored computer data versus search and
seizure of computer data.
Question 9: Name at least three elements of the chain of custody of electronic
evidence.
Question 10: Describe national institutions whose expert capacity might be
useful in virtual currency-related investigations.
Question 11: Describe investigative indicators that may suggest the use of
virtual currencies for the purposes of laundering crime proceeds.
Question 12: Discuss the types of evidence that may be gathered through
forensic analysis of a suspect’s computer that may provide information
about the laundering of crime proceeds through virtual currencies. Use as a
concrete example a Bitcoin wallet.
Question 13: Describe the information that may be available from virtual
currency central administering authorities and/or virtual currency
exchanges and the available options for gathering this information.
Question 14: Discuss how public-private partnership can be an effective
countermeasure against the laundering of crime proceeds using virtual
currencies. Use a case study to illustrate the points made.
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135
Question 15: Discuss how inter-agency cooperation (public-public
cooperation) can be an effective countermeasure against the laundering of
crime proceeds using virtual currencies. Use a case study to illustrate the
points made.
136
137
Basic Manual on the Detection
And Investigation of the
Laundering of Crime Proceeds
Using Virtual Currencies
Module 4
Seizure of Virtual Currencies
Module 4 : Seizure of Virtual Currencies
138
1 Summary
The purpose of this module is to present legal requirements, procedures, tools
and techniques for the seizure of virtual currencies.
2 Learning Objectives
By reading this module you will:

Know the legal and institutional frameworks required both nationally
and internationally to effect seizure of virtual currencies as proceeds or
instrumentalities of crime.

Be aware of procedural powers and extent of competencies, as well as
institutions that are relevant in the process of seizure of assets in cases
involving virtual currencies both at national and international level.

Be aware of the techniques of seizure of virtual currencies as well as
issues pertaining to prospective confiscation of such items.
Module 4 : Seizure of Virtual Currencies
139
3 Introduction
While previous parts of this Manual have dealt with money-laundering and
cybercrime aspects of virtual currencies and offered solutions for law
enforcement in dealing with virtual currency-related offences in the framework
of traditional criminal justice administration – that is, investigating and
prosecuting a relevant criminal activity – this section of the Manual focuses on
practical ways in which proceeds and instrumentalities of such crime can be
seized in order to effect their confiscation in favour of the State.
Seizure of proceeds or instrumentalities means application of procedures that
prohibit transfer, conversion, disposition or movement of criminally obtained
property which allows the competent authority or court to take control of the
specified property.1 Seizure of crime proceeds or instrumentalities of crime is
an effective tool that is equally beneficial for the prevention (no further criminal
use of the property is possible), investigation (property under control may not
be moved or converted into another property) and administration of justice
(indirect compensation of efforts against organized crime2 and overall chilling
effect on organized crime). Seizure of the proceeds/instrumentalities of crime
can be equally efficient in virtual currency-related offences of money-laundering,
bringing together all three elements of prevention, investigation and
administration of justice in a coherent manner.
Seizure, freezing or confiscation of proceeds or instrumentalities of crime are
complex processes both in terms of law and procedure. It only comes naturally
that their application to virtual currencies is even more complex, due to the
features of such currencies that have been extensively discussed in this Manual
(anonymity, traceability and trans-jurisdictional transactions being just a few
examples). In this context, while focusing on the seizure of the proceeds or
instrumentalities of crime in the context of virtual currencies, this Module will
only address such proceeds or instrumentalities in the form of centralized or
decentralized virtual currencies; for example, seizure of malware that is used
for hacking Bitcoin wallets belonging to individual users will not be addressed
here.
Last but not least, the current Module is not intended to serve as a guide to
confiscation of proceeds of virtual currency-related offences or their
confiscation as instrumentalities of crime, focusing solely on issues of seizure of
such assets. In fact, it can be argued that, once proper seizure procedures are
applied, confiscation of virtual currency or its relative value would not be
1
Financial Action Task Force, Glossary of FATF Recommendations, (Source:
http://www.fatf-gafi.org/pages/glossary/s-t/).
2 FATF Recommendation 38.
Module 4 : Seizure of Virtual Currencies
140
entirely different to confiscation of other forms of property, especially monetary
instruments. In this respect, the corresponding sections of the Manual on
International Cooperation for the Purposes of Confiscation of Proceeds of Crime,
published by the United Nations Office on Drugs and Crime in 2012,3 can be
used as guidance for the confiscation of already seized assets or their
corresponding value.
3
https://www.unodc.org/documents/organizedcrime/Publications/Confiscation_Manual_Ebook_E.pdf.
Module 4 : Seizure of Virtual Currencies
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4 Definitions
Seizure of proceeds or instrumentalities of crime can be defined as prohibition
of the transfer, conversion, disposition or movement of property on the basis of
an action initiated by a competent authority or a court under a freezing
mechanism. In contrast to “freezing”, which means temporarily prohibiting the
transfer, conversion, disposition or movement of property,4 a seizure is effected
by a mechanism that allows the competent authority or court to take control of
specified property. The seized property remains the property of the natural or
legal person(s) that holds an interest in the specified property at the time of the
seizure, although the competent authority or court will often take over
possession, administration or management of the seized property.5
There are also several important definitions that are particularly relevant in the
context of seizure of crime proceeds, namely:


“Proceeds” refers to any property derived from or obtained, directly or
indirectly, through the commission of an offence. Such proceeds may
consist of any type of property, whether corporeal or incorporeal,
movable or immovable, and legal documents o documents that give title
to or interest in such property;6
“Instrumentalities” means any property used or intended to be used, in
any manner, wholly or in part, to commit any criminal offence(s).7
These two definitions are directly relevant to the nature of virtual currencies,
whether centralized or decentralized, due to their use as a means of electronic
payment. Virtual currencies, due to the possibilities of anonymity of
transactions (a case more applicable to decentralized currencies), can be used
to conceal the criminal origin of the money used to purchase/exchange into
such currencies; while investment into bitcoins can bring further proceeds in
the form of more bitcoins being mined or their value increased through inflation
of exchange rates.8 Therefore, in the course of investigation and adjudication of
offences that involve the use of virtual currencies - especially money-laundering
offences - it would be challenging to draw a line between proceeds of crime and
its instrumentalities. On a practical level, however, these designations will have
no significant effect on the procedures or techniques used for seizure, since
these will be essentially the same.
UNODC, “Manual on International Cooperation for the Purposes of Confiscation of
Proceeds of Crime”, p. 2.
5 Financial Action Task Force, Glossary of FATF Recommendations, (Source:
http://www.fatf-gafi.org/pages/glossary/s-t/).
6 Article 1(d, e) of the United Nations Convention against Illicit Traffic in Narcotic Drugs
and Psychotropic Substances.
7 Article 1(c) of the Council of Europe Convention on Laundering, Search, Seizure and
Confiscation of the Proceeds from Crime and on the Financing of Terrorism
8 http://www.coindesk.com/price/.
4
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142
5 Legal requirements and procedures
Identification, freezing/seizure and confiscation of crime proceeds are legal
procedures that are increasingly recognized as particularly efficient measures in
combating organized crime. Application of any of these procedures requires
solid legal grounds to be present. The purpose of this section is, therefore, to
give a brief overview of both international and national regulations and
standards that need to be utilized and applied in the context of seizure of crime
proceeds and instrumentalities.
5.1 International standards
This section of the Manual will present an overview of international regulatory
framework for the seizure of crime proceeds. Understanding these standards,
besides purely theoretical value, is important for knowing the basis for
international cooperation, as well as basic standards applicable in this regard.
The approach to crime prevention and administration of justice in the form of
measures enabling confiscation of proceeds of crime was spearheaded by the
United Nations Convention against Illicit Traffic in Narcotic Drugs and
Psychotropic Substances, which enables seizure, freezing and confiscation of
proceeds – or property of corresponding value – from drug-related crime, as
well as reversal of burden of proof with regard to the lawfulness of the
property.9
These principles were taken further by the 2000 United Nations Convention
against Organized Crime and its Protocols, not only extending the above-noted
possibilities for seizure and confiscation to most prevalent forms of organized
crime, but also adding regulations for the member states in terms of
international cooperation modalities for the purposes of seizure and
confiscation, as well as management of seized assets.10
The United Nations Convention against Corruption, adopted in 2003, contains
provisions similar in scope and content, extending seizure, freezing and
confiscation to corruption-related offences as defined under the Convention,
and introducing a new chapter on asset recovery .11
The need for efficient procedures for seizure, freezing and confiscation of crime
proceeds and instrumentalities is also recognized by the Financial Task Force
(FATF) Recommendations. In particular, they require confiscation of property
laundered, proceeds from money-laundering or predicate offences,
9
Article 5 of the United Nations Convention against Illicit Traffic in Narc otic Drugs and
Psychotropic Substances.
10 Articles 12-14 of the United Nations Convention against Transnational Organized Crime.
11 Article 31 and Chapter V of the United Nations Convention against Corruption.
Module 4 : Seizure of Virtual Currencies
143
instrumentalities used in or intended for use in the commission of these
offences, or property of corresponding value, without prejudicing the rights of
bona fide third parties. Such measures should include the authority to: (a)
identify, trace and evaluate property which is subject to confiscation; (b) carry
out provisional measures, such as freezing and seizing, to prevent any dealing,
transfer or disposal of such property; (c) take steps that will prevent or void
actions that prejudice the State’s ability to recover property that is subject to
confiscation; and (d) take any appropriate investigative measures.12 Most
important of all, such measures may be taken (including confiscation) in the
absence of a criminal conviction, i.e. before the competent court renders a final
judgement on the merits of the criminal case.13
On a regional level applicable to the GUAM states, the Council of Europe
Convention on Laundering, Search, Seizure and Confiscation of the Proceeds
from Crime Laundering of 1999, as supplemented by the 2005 Council of
Europe Convention on Laundering, Search, Seizure and Confiscation of the
Proceeds from Crime and on the Financing of Terrorism provide for similar
tools and requirements as the documents noted above.14
5.2 National regulations and institutions
In order to allow for seizure and confiscation of the proceeds of crime, national
jurisdictions need not only establish legal rules and requirements for relevant
procedures under their law, but also to devise competent authorities that are
able to effectively implement these powers.
From a substantive law perspective, all of the GUAM states criminalize
legalization of proceeds of crime in their legislation.15 With the exception of
Ukraine,16 an all-crime approach is used by these jurisdictions in relation to
predicate offences, meaning that proceeds and instrumentalities of any crime
can be subject to freezing, seizure and confiscation.
FATF Forty Recommendations, recommendation 3 “Provisional measures and
confiscation” (Source: http://www.fatf-gafi.org).
13 More information on internationally applicable standards and instruments in the area of
seizure of crime proceeds and instrumentalities can be found in UNODC compilation
“An Overview of the UN Conventions and Other International Standards Concerning
Anti-Money-laundering and Countering the Financing of Terrorism” (Source:
https://www.imolin.org/pdf/overview_of_UN_conventions_2013.pdf ).
14 Sections 3 and 4 of noted Conventions.
15 Article 193 1 of the Criminal Code of Azerbaijan; Articles 194 and 194 1 of the Criminal
Code of Georgia; Article 243 of the Criminal Code of Moldova; and Article 209 of the
Criminal Code of Ukraine.
16 Article 209 of the Criminal Code of Ukraine envisages a minimum threshold of sentence
(crimes punishable by deprivation of liberty or fine in excess of 3000 minimum wages)
as well as exceptions for tax evasion offences (Articles 212 and 212 1 of the Criminal
Code).
12
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In the context of the GUAM states, procedures for seizure of criminal profits or
crime instrumentalities are predominantly addressed by the criminal procedure
framework. 17 While none of these provisions contain any prohibitive or
restricting criteria that may limit their application to virtual currencies as
proceeds or instrumentalities of crime, several observations are particularly
relevant here:




In the light of varying terms in which seizure of property is addressed
and differing definitions of property, the nature of virtual currencies
shall be taken into account while pursing seizure. Namely, all of the
noted jurisdictions provide for seizure of instrumentalities of crime,
while application of seizure proceedings to the proceeds of crime may be
conditional on specific offences listed or the criteria of gravity;
There are varying degrees of judicial involvement in the issues of seizure
of property, including approval of an already conducted seizure in
exigent circumstances, which has a direct effect on the expediency of the
proceedings – an important concept in relation to electronic evidence;
Some states refer to civil procedures applicable in cases of seizure of
property, thus calling the need for specialized civil procedure knowledge
that may not be readily available to the law enforcement agency effecting
seizure procedures;
All of the jurisdictions noted allow for seizure before conviction;
therefore, the standard of proof required for seizure of criminal proceeds
is below the standard required for the court decision on the merits of the
case.
Another relevant issue is institutional authority to enforce seizure in criminal
cases involving the use of virtual currencies. In the current state of affairs, the
relevant functions in the GUAM states are assigned to law enforcement, which
may use any criminal procedure action available under the Code of Criminal
Procedure provided they have an investigative jurisdiction over the case; for the
purposes of this manual these will be the units investigating legalization of
illegal proceeds.18
However, it is generally agreed that dealing with the proceeds and
instrumentalities of crime requires specialist knowledge, and the context of
virtual currencies may require even further specialization that may not be
17
Article 249 of the Criminal Procedure Code of Azerbaijan; Article 151 of the Criminal
Procedure Code of Georgia; Article 203-204 of the Criminal Procedure Code of
Moldova; Article 100 of the Criminal Procedure Code of Ukraine.
18 Department for Combating Corruption at the General Prosecutor’s Office of Azerbaijan;
Anti-Corruption Department of the Chief Prosecutor’s Office of Georgia; Service on
Prevention and Combating Money-laundering at the National Anti-Corruption Center of
Moldova; and the Financial Investigations Department at the Ministry of Revenue and
Duties of Ukraine, with investigative actions also performed by the Ministry of Internal
Affairs and/or State Security Service.
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available within law enforcement itself. In such cases, expert examinations and
reports of such examinations19 may be necessary for effecting seizure of crime
proceeds and instrumentalities, especially where motions for such actions need
to be sanctioned by the judge.
5.3 Jurisdictional issues
Virtual currencies operate and thrive in the online environment that blurs
national borders and elevates e-commerce into an international phenomenon. It
comes as no surprise that, in this light, one of the most challenging features for
recovery of crime proceeds in virtual currency-related offences is applicable
jurisdiction, as well as the requirements for international cooperation that such
determination is set to create.
It must be noted from the outset that there are no cases reported as of yet that
involve seizure or confiscation of virtual currencies in an international context.
Therefore, the following suggestions are based upon the general foundations for
establishing jurisdiction in terms of seizure of virtual currency as crime
proceeds/instrumentalities.
First of all, jurisdictional aspects of seizure of crime proceeds and
instrumentalities bring forth the differences between centralized and
decentralized virtual currencies. In cases of centralized virtual currencies, e.g.
in-game currencies, exchange tokens are treated as licences to access certain
features or services offered by an administrating authority, and thus remain,
both technically and legally, under the control of the company issuing such
tokens.20 For the purposes of seizure of assets, it means that the jurisdiction
where the administrating authority of the virtual currency is incorporated is,
unless specifically regulated otherwise, a jurisdiction for the purposes of seizure
and confiscation of crime proceeds.
Decentralized virtual currencies, especially crypto-currencies, render a different
picture in this context. For example, bitcoins themselves do not exist in any
form, even as a digital file; in fact, there are only records of transactions
between different addresses, with balances that increase and decrease.21
Therefore, if treated as proceeds or instrumentalities of crime, bitcoins cannot
be thought of physically “residing” on a specific medium or even in a specific
place. However, as they are transactions between individual users’ Bitcoin
addresses, bitcoins have an intrinsic connection to specific addresses over
which specific users exercise effective control. Thus, in terms of jurisdictional
19
Chapter XXXV of the Criminal Procedure Code of Azerbaijan; Article 144 -146 of the
Criminal Procedure Code of Georgia; Articles 142-153 of the Criminal Procedure Code
of Moldova; Articles 242-245 of the Criminal Procedure Code of Ukraine.
20 http://lindenlab.com/tos#tos4.
21 http://www.coindesk.com/information/how-do-bitcoin-transactions-work/.
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approach, under the public international law, territorial jurisdiction over
proceeds or instrumentalities of crime in cases of crypto-currencies will be tied
to the location of the wallet. In other words, the physical location of the
hardware on which the wallet containing virtual currency is operational should
be considered as the jurisdiction for the purposes of freezing, seizure and
confiscation of the crime proceeds and instrumentalities.
A particular challenge to establishing jurisdiction in cases involving virtual
currencies is cloud computing (already discussed in module 2 of this Manual).
Virtual currency wallets stored on the cloud infrastructure may be subject to
regular migration of data from one server to another, crossing state borders
with ease. In cybercrime investigations facing the same challenges, this is often
called “loss of location”.22 However, unless a significant revision of public
international law is undertaken, the principle of territoriality remains a point of
departure for establishing jurisdiction; therefore, all efforts must be made,
through international cooperation modalities, to determine the location of a
wallet as data residing on a specific server infrastructure in a specific
jurisdiction.
22
See, for instance, Council of Europe, Discussion Paper “Cloud Computing and cybercrime
investigations: Territoriality vs. the power of disposal?”, p. 5 (Source:
http://www.coe.int/t/dghl/cooperation/economiccrime/cybercrime/documents/internatio
nalcooperation/2079_Cloud_Computing_power_disposal_31Aug10a.pdf).
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6 Procedures and tools for seizure
The purpose of this section is to focus on existing approaches and techniques for
the seizure of crime proceeds and instrumentalities that can be potentially
relevant in terms of virtual currencies. To this end, practical procedures and
considerations relevant to seizure and prospective confiscation will be
described.
Similar to the approach employed throughout this Manual, procedural options
for the seizure of crime proceeds and instrumentalities comprise activities
aimed at detection of such proceeds (asset tracing) and actual seizure of such
assets through available legal procedures. While this division may seem
superficial on the surface, the practical considerations of virtual currencies as
proceeds and instrumentalities of crime highlight the distinctions between
these approaches, not least from an institutional standpoint.
The approaches and procedures listed in this section are structured in a certain
order that attempts to apply the logic of criminal investigations to the context of
virtual currencies. However, due to the new and untested nature of the issues of
this very context, the sequence of actions and techniques provided herein is for
general guidance only.
6.1 Step 1: Initiating financial investigations
A financial investigation involves the collection, collation and analysis of all
available information with a view towards assisting in the prosecution of crime
and in the deprivation of the proceeds and instrumentalities of crime.23 The
major goal of a financial investigation is to identify and document the movement
of money during the course of criminal activity. The link between the origins of
the money, beneficiaries, when the money is received and where it is stored or
deposited, can provide information about, and proof of criminal activity.24 In
this respect, financial investigation is a process that is mostly parallel to the
main criminal proceedings – be it cybercrime, fraud or money-laundering – and
allows investigators to focus solely on the proceeds and instrumentalities of
crime.
Financial investigations thus require specialized knowledge that may not be
always available at regular law enforcement agencies. To address this, national
jurisdictions can revert to multiple solutions:
FATF Report, “Operational Issues - Financial Investigations Guidance”, FATF/OECD
2012, p. 6.
24 FATF Report, “Operational Issues - Financial Investigations Guidance”, FATF/OECD
2012, p. 3.
23
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-
-
148
Creation of joint investigative groups by the prosecutor, with the
coordination and division of tasks ensured by supervisory prosecution
authority;
Involving financial transaction experts into ongoing investigations,
retaining full control of the criminal investigation by the requesting law
enforcement agency;
Separating the crime proceeds investigation from the core criminal
investigation and ensuring feedback between the investigative
authorities.
Whichever of these options is used, distinctive features of financial
investigations should be kept in mind. One such feature, and a consideration of
financial investigations, is the comparably relaxed standard of proof compared
to criminal cases (i.e. money-laundering cases). Proof of criminal origin of the
property and its proceeds does not require a proof beyond reasonable doubt,
making the conduct of such proceedings different from mainstream criminal
investigations.
Financial investigations focusing on virtual currencies as proceeds and
instrumentalities of crime are still a relative novelty. Therefore, there are no
tried and tested approaches in terms of dealing with virtual currencies; the
following sections are thus an attempt to provide guidance as to most relevant
investigative techniques that can be used in tracing, taking control of and
managing virtual currencies.
6.2 Step 2: Asset tracing
Tracing assets or, to put it another way, following the trail of the money is an
important part of financial investigations in order to establish the criminal
origin of the proceeds or to determine crime instrumentalities. In asset
investigations focusing on virtual currency, this can be deemed as the
preparatory stage, which helps to determine the object of freezing or seizure,
before such objects are actually seized.
Asset tracing, as any criminal or financial intelligence activity, relies on specific
indicators – “red flags” – that may help and guide the investigator in
determining the criminal nature of the proceeds/property in question. In fact,
the red flags referenced to and discussed in the Module 3 of this Manual are
relevant not only in terms of actual investigations, but also for the identification
of transactions in virtual currencies. These red flags are:

Large number of bank accounts held by the same virtual currency
administrator or virtual currency exchange company (sometimes in
different countries) apparently being used as flow-through accounts
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


149
(may be indicative of layering activity), without a business rationale for
such a structure;
Virtual currency administrator or virtual currency exchange company
located in one country but holding accounts in other countries where it
does not have a significant customer base (unexplained business
rationale which could be suspicious);
Back and forth movement of funds between bank accounts held by
different virtual currency administrator or virtual currency exchange
companies located in different countries (may be indicative of layering
activity as it does not fit the business model);
The volume and frequency of cash transactions (sometimes structured
below reporting threshold) conducted by the owner of a virtual currency
administrator or virtual currency exchange company do not make
economic sense;
Virtual currency systems that lack appropriate registration and/or
transparency or are known to be popular with notable criminal groups.
As can be seen from these indicators, these are directed at the points of contact
of the virtual currencies with the established financial institutions - that is,
central administrators, currency exchanges, virtual currency payment
processors, hosting services, merchant service companies, etc. One should bear
in mind that virtual currency transactions operate beyond established financial
institutions, and the anonymity of such transactions, reliance on cryptography,
as well as absence of official record-keeping is going to make tracing of cryptocurrencies an arduous, if not impossible, task. Even where such currencies, such
as Bitcoin, keep an open, transparent ledger of all transactions available as
open-source information (known as the Blockchain), 25 linking a specific
transaction to individual users (wallets) may require information from other
sources.
In this light, there are several other options in which assets can be traced in the
virtual currencies context:
6.2.1 Option 1: Financial intelligence
Financial Intelligence Unit (FIU) should be considered as primary partner for
law enforcement in identifying and tracing crime proceeds and
instrumentalities due to direct access to financial information concerning
suspected proceeds of crime and potential financing of terrorism. Financial
intelligence offered by FIU is one of the keys to the effective investigation and
confiscation of profits from crime.26
25
26
https://blockchain.info/.
UNODC Manual on International Cooperation for the Purposes of Confiscation of
Proceeds of Crime, p. 24.
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One of the major functions of a national FIU is to process and provide
information that can be used for financial intelligence purposes. Among these,
STRs (suspicious transaction reports) and analysis provided on these reports by
the FIU is of particular value and relevance.
In cases of centralized virtual currencies, management of exchange tokens or ingame assets will be mostly performed by the administrating authority through
the in-house channels that are removed from the traditional financial system of
the state. Therefore, availability and value of STRs from central administrators
will be usually linked with the degree of state regulation on virtual currencies
and where such entities are obliged to file STRs to a national FIU.
In contrast to central administrating authorities, cases of decentralized
currencies - in particular, crypto-currencies - STRs that focus on the red-flagged
transactions performed by virtual currency exchanges would be particularly
useful source of intelligence in financial investigations on proceeds and
instrumentalities of crime.
Generally, law enforcement need to be familiar with the structure, role and
authority of the financial intelligence unit in their own jurisdiction. 27 In addition
to obtaining suspicious transaction reports, many financial intelligence units are
authorized to collect and maintain reports on currency and large cash
transactions, making financial intelligence units the central holders of
significant financial data.28
6.2.2 Option 2: Monitoring of transactions
Information and intelligence necessary for financial investigations could be also
obtained through monitoring or production orders.
“Monitoring order” means an order issued by the competent authority and
directed at a financial institution, requiring disclosure to an authorized person
of information concerning transactions carried out through an account held
with the institution by a person named in the order. Such an order may require
the financial institution to make the disclosure immediately after a transaction
has been made; or on suspicion that a transaction is about to be made; or the
order may direct the financial institution to refrain from completing or effecting
the transaction for a specified period.29
27
For more information concerning relevant authorities, functions and competence of FIUs,
please consult the publication of the International Monetary Fund/World Bank
“Financial Intelligence Units: An Overview“ (Source:
http://www.imf.org/external/pubs/ft/FIU/fiu.pdf)
28 UNODC Manual on International Cooperation for the Purposes of Confiscation of
Proceeds of Crime, p. 44.
29 UNODC Manual on International Cooperation for the Purposes of Confiscation of
Proceeds of Crime, p. 3.
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In the context of GUAM states, monitoring orders may be issued by both law
enforcement and FIUs (with the exception of Azerbaijan). Law enforcement has
the general power to monitor any account for suspicious activity related to
money-laundering, terrorism financing, all predicate offences for moneylaundering and any other criminal offence by virtue of the provisions of the
criminal procedure legislation.30 FIUs, on the other hand, also have the power to
monitor bank accounts for suspicious activities, usually for all types of offences;
the legal framework for this authority is laid down either by specialized antimoney-laundering legislation or the law on operative and detective activities.31
The factors that can trigger the use of monitoring orders are: a request from a
foreign authority (including FIUs), an internal analysis, an STR received from a
reporting entity or a request from the prosecutor’s office.
“Production order” means a judicial order addressed to a specified person to
produce for the inspection of an authorized person any document that identifies
or locates any property subject to forfeiture or confiscation or that determines
the value of the property or benefit derived by a defendant from criminal
conduct.32
In short, the purpose of such orders is to compel the person or entity named in
the order to turn over information or copy thereof within a specified time. In
terms of virtual currencies, such orders will be significantly different in
application to cases of centralized and decentralized virtual currencies:


Administrating authorities of centralized currencies can receive and
process such orders directly and can be compelled to turn over such
information;
Since there is no centralized authority in cases of decentralized cryptocurrencies, exchangers may be addressed by monitoring or production
orders that may indicate specific customers and/or their accounts that
need to be monitored and reported.
MONEYVAL Research report, “The postponement of financial transactions and
the monitoring of bank accounts“, Council of Europe 2013, pp. 40-41 (Source:
http://www.coe.int/t/dghl/monitoring/moneyval/Typologies/MONEYVAL(2013)8_Post
ponement.pdf)
31 MONEYVAL Research report, pp. 38-39.
32 UNODC Manual on International Cooperation for the Purposes of Confiscation of
Proceeds of Crime, p. 4.
30
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Case Study: Targeting Bitcoin Currency Exchange for
Money-laundering
US Prosecutors arrested Charlie Shrem, a prominent 24-year-old advocate
for Bitcoin, at John F. Kennedy International Airport in New York in January
2014. He is charged in connection with a money-laundering conspiracy that
allegedly funnelled more than $1 million of the currency to users of the
online black market site Silk Road. Another man, Robert Faiella, was also
arrested in what the Manhattan U.S. Attorney's office said was a conspiracy
to help Silk Road customers anonymously purchase everything from
narcotics to forged passports.
Mr. Shrem ran Bitinstant, a New York exchange for buying and selling
bitcoins that was one of the first to register with the Treasury Department.
The company has attracted a high-profile investment of $1.5 million from
Winklevoss Capital in 2013.
Prosecutors allege Shrem and Faiella sold more than $1 million of the digital
currency to users of the Silk Road website. According to the complaint, Mr.
Faiella, 52 years old, ran an "underground" Bitcoin exchange on the Silk
Road website that sold the currency to users from December 2011 until
October 2013. After receiving an order, Mr. Faiella allegedly obtained the
currency from a New York City-based company, where Mr. Shrem was the
chief executive officer, and then sold it back to users at a mark-up.
The company, which wasn't named in the complaint, allowed users to
anonymously exchange cash for bitcoins. Mr. Shrem was also the chief
compliance officer at the company, according to the complaint, and
responsible for ensuring the company was in line with money-laundering
laws.
According to the complaint, Mr. Shrem filled Mr. Faiella's orders for a fee,
despite knowing that currency was going back to Silk Road users who could
then use it buy narcotics and other contraband. Mr. Shrem gave Mr. Faiella
discounts on bulk orders, concealed the orders from the other co-founder of
his company and failed to file suspicious activity reports with authorities as
required by federal law, according to the complaint. Prosecutors also said
that Mr. Shrem personally bought drugs on Silk Road.
"Bitcoins are not inherently illegal and have known legitimate uses, but they
are also known to be used to facilitate illicit transactions and to launder
criminal proceeds, given the ease with which can be used to move money
anonymously," an agent of the Internal Revenue Service, which investigated
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the case, wrote in the complaint.
Both men are charged with one count of conspiracy to commit moneylaundering and one count of operating an unlicensed money transmitting
business. Mr. Shrem is also charged with one count of wilful failure to file a
suspicious activity report. Mr. Faiella faces up to 25 years in prison, while
Mr. Shrem faces up to 30 years in prison.33
6.2.3 Option 3: Disclosure of financial records
Disclosure of financial records is another avenue for the use of production
orders, offering particularly valuable source of information for tracing proceeds
and instrumentalities of crime. Anti-money-laundering requirements on
banking and non-banking businesses require them to keep specific information
about accounts and activity of their customers, which can be extracted and used
a source of intelligence for identification of assets in question.
In terms of virtual currencies, such enquiries, as already noted above, should be
directed to currency exchangers who are supposed to abide by the anti-moneylaundering requirements, including record-keeping.
Information about
customers and their transactions in exchange of virtual currencies should be
requested in compliance with the applicable data protection standards, and
used solely for the purposes of investigation.
Wire transfers are frequently used for exchange of fiat money into decentralized
virtual currencies such as Bitcoin and vice versa.34 This, as well as other
payment methods that are used by currency exchangers, would be another
potentially valuable, documented source of information to focus on in terms of
identifying proceeds and instrumentalities of crime.
6.3 Step 3: Taking control of assets
Once crime proceeds or instrumentalities are identified, they can be subject to
seizure proceedings. Seizure, as noted above, implies taking control of specified
property, with the competent authority taking over possession, administration
or management of the seized property.
Although there is relevant experience in terms of seizing and confiscation of
electronic money or accounts (intangible assets) that can be used as an analogy,
virtual currencies, in absence of state regulation, operate beyond the realm of
The Wall Street Journal, “Two Charged in Alleged Bitcoin-Laundering Scheme” (Source:
http://online.wsj.com/article/BT-CO-20140127-709257.html)
34 http://www.coindesk.com/information/how-can-i-buy-bitcoins/.
33
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established financial institutions and transactions. When talking about seizure
of virtual currencies as proceeds/instrumentalities of crime, differences
between centralized and decentralized currencies lead to different approaches
that may work in such cases.
6.3.1 Option 1: Seizing centralized currency items
For centralized currencies, assets in the form of virtual currency remain under
the full control of the administrating authority. Therefore, seizure of these
assets may be served upon legal companies in charge of asset administration,
making it easier for law enforcement to seek and obtain compliance with their
legitimate requests.
At the same time, there certainly are considerations as to the seizure of
centralized currency items. Where systems such as WebMoney or now defunct
e-Gold process assets that can be seized as virtual currency and then converted
into monetary value, computer game assets, such as upgrades to virtual
characters’ clothing or battleships, would be of very little actual value to law
enforcement and the state. Therefore, a value-based recovery – that is, a method
of confiscation that enables imposition of a pecuniary liability (such as a fine,
usually in multiples of the profit or benefit derived from the crime), which is
realizable against any asset of the individual35 – can be used instead to avoid
these and other potential difficulties in management of such assets.
Case Study: Massive-Multiplayer Online Items
The Chinese company Shanda Interactive has been ordered to pay RMB
5,000 and apologize to a gamer of its in-house developed MMORPG “The
World of Legend” for taking away his virtual assets.
The gamer surnamed Zhang discovered six virtual items, worth more than
RMB1,500, missing from his game account on November 22, 2006 and
contacted Shanda regarding the disappearance. Shanda said that the
company had taken the items in accordance with a police investigation
regarding the sale of stolen virtual items. According to the report, Shanda
failed to follow police instruction and return the items after the investigation
ended.36
Although the case discussed here is entirely unconnected with the moneylaundering and crime proceeds context, it shows that the law enforcement
35
UNODC Manual on International Cooperation for the Purposes of Confiscation of
Proceeds of Crime, p. 5.
36 MMOsite, “Game Company Forced to Pay for Seized Virtual Item”, (Source:
http://news.mmosite.com/content/2007-12-30/20071230222432466,1.shtml).
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and the judiciary have relevant tools at their disposal when it comes to
seizure and confiscation of virtual assets, and can apply value-based
approach where efficiency of investigation is concerned.
6.3.2 Option 2: Seizing decentralized crypto-currencies
Crypto-currencies, in contrast to centralized virtual currencies, operate without
any coordinating or centralized structure. Therefore, seizure orders need to be
served upon individual users, while object of seizure would be virtual currency
contained in the addresses/wallets associated with the user.
Theoretically, taking control of the virtual currency wallet can be done in two
different ways. First would be to compel the user to surrender his/her
credentials associated with the wallet to the seizing authority. The pros of such
approach may include the possibility of further intelligence and investigative
activities, since, at the level of transactions, ownership of the wallet is not visible
due to anonymity; however, the cons far outweigh the pros in this regard:


In the current state of affairs, availability of legal powers to compel the
user to submit his/her confidential data is largely dependent on the legal
system of the state. While, in the context of the GUAM states, refusal to
provide login information may be interpreted as tampering with
evidence attracting separate criminal charges, the lack of expediency in
this approach and volatility of electronic evidence may work against the
interest of the investigation;
The lack of guarantees that, even if credentials for a wallet are handed
over to the state, no copies have been made by the offender or crime
associates that would allow to those individuals to regain control of the
seized assets.
Therefore, the viable option at the moment is taking control over virtual
currencies by using the regular transaction mechanisms to transfer the currency
to the account (wallet) of the law enforcement authority. Naturally, there would
be a number of steps involved in this process:




Determining the amount of virtual currency items, wallets or both to be
seized;
Securing suspect’s cooperation or exercising control over the wallet
through other means permitted by law, so that the required sum can be
transferred to a government-controlled wallet, pending liquidation upon
forfeiture;
Conformation of receipt duly recorded; or
Where cooperation or control over the wallet is not viable:
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o Determine the value of virtual currency to be seized in local
currency based on exchange rate;
o Apply value-based recovery procedures.
Needless to say, value-based recovery can be used from the initial steps of the
process, especially where direct seizure and control of virtual currency is not
viable due to either security or asset management considerations.
One of the additional arguments in favour of transferring virtual currencies or
their value to state accounts is that, in the absence of more detailed information,
this seems to be a preferred method in those very few cases that have used
seizure and confiscation of virtual currencies. Namely, in the already noted Silk
Road case, the US Government appears to manage the largest Bitcoin wallet in
the world comprised of currency seized from the mastermind of the Silk Road.37
Case Study: Seizure of Bitcoins in Drug-Related Crime
The US Drug Enforcement Administration has posted an official notice
stating that it seized bitcoins from an individual for purchasing a controlled
substance. According to Let’s Talk Bitcoin, this may, in fact, be the first time a
law enforcement agency has seized bitcoins.
The DEA notice shows that, among many other people, a Mr. Eric Daniel
Hughes (AKA Casey Jones) had 11.02BTC, with a value of $814.22 USD, on
April 12th, earlier this year. The digital money was taken in forfeiture as the
individual was in violation of the Controlled Substances Act (21 U.S.C. §§ 801
et seq.), in the district of South Carolina.
The notice is a general release, detailing all of the forfeitures by US citizens
in violation of the Controlled Substances Act, of which Mr Hughes is one of
many. As such, there are no details in the notice as to how the bitcoins were
actually seized. There is no indication the Bitcoin protocol was
compromised. “Seizure” is probably a word used to imply that money was
received in the process of a Silk Road sting operation, rather than actually
seized from the Bitcoin user’s wallet” said Andreas M. Antonopoulos, a
37
International Business Times, “World's Biggest Bitcoin Wallet Owned by U.S.
Government”, (Source: http://www.ibtimes.com/worlds-biggest-bitcoin-wallet-ownedus-government-1514100).
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security expert and Let’s Talk Bitcoin contributor.
The
Bitcoin
address
referenced
in
the
notice,
1ETDwGUC1QcjYuehFr3u1FD3MvDaUs7SFy, can be seen on the blockchain
receiving 11.02 BTC on April 12th 2013, which matches the DEA notice.38.
6.4 Step 4: Management of assets
One of the challenges for law enforcement is the management of the items
seized, where control of the assets is handed over to the state. Naturally, since
the ownership of the property, pending confiscation decision, rests with the
original owner, diligent care must be taken of the seized assets.
Virtual currencies, whether centralized or decentralized, represent the least of
such challenges since, as digital items, they do not physically deteriorate.
However, virtual currencies, especially decentralized crypto-currencies, are
susceptible to very significant fluctuations in exchange rates,39 which may be a
concern for law enforcement from the perspective of pending confiscation in
favour of the state. The differences in value at the time of asset tracing stage and
the actual seizure may require a review of the amount and value of virtual
currencies to be seized, although, in the view of open availability of the
exchange rate data, this should not require expert review and support.
Where assets are seized as instrumentalities of crime, one of the issues is the
preventive nature of the seizure, meaning that the instrumentalities of crime
must be taken out of circulation. Although no cases have been reported as to the
seizure of centralized or decentralized virtual currencies as instrumentalities of
crime, there still may be the need to place the seized virtual currency (wallet
contents) on removable hardware in order to take it “off the grid”.
Similar logic would also apply to bitcoins that are seized as proceeds of crime
and transferred to the wallet operated by the competent authority. It would be
advisable, in these cases, to take the wallet and its contents “off the grid” by
creating local files and storing those safely on removable and/or secure
storage.40 The reasons for this, besides the wish to protect seized property from
manipulation through transactions and mining, is that virtual currencies, as
digital items, may be inadvertently altered or lost through mismanagement,
CoinDesk, “Bitcoins seized by Drug Enforcement Agency” (Source:
http://www.coindesk.com/bitcoins-seized-by-drug-enforcement-agency/).
39 http://www.coindesk.com/price/; http://dogepay.com/; http://www.ltc -charts.com/
40 https://en.bitcoin.it/wiki/How_to_set_up_a_secure_offline_savings_wallet.
38
Module 4 : Seizure of Virtual Currencies
158
disruptions in service, or be compromised by means of a cyber-attack. These
and other necessary security tips can be taken from the Bitcoin network itself.41
6.5 Features of international investigations
Financial investigations often reach beyond domestic borders; therefore, it is
important that competent authorities have timely focus on both formal and
informal international cooperation efforts and ensure they are maintained for
the duration of the case. Establishing early contact aids practitioners in
understanding the foreign legal system and potential challenges in obtaining
additional leads and in forming a common strategy. It also gives the foreign
jurisdiction the opportunity to prepare for its role in providing co-operation.42
Taking into account the trans-border nature of the Internet which serves as an
exclusive platform for the operation of virtual currencies, international
cooperation will be an essential element of financial investigations into virtual
currency-related offences. To this end, both formal and informal cooperation
modalities must be employed efficiently and, most importantly, in an
expeditious manner due to volatility of electronic evidence and traces of crime
proceeds.
Financial investigators can avail themselves of a multitude of cooperation
modalities, such as:
41

Cooperation through dedicated international cooperation networks
targeting proceeds of crime, such as the Camden Asset Recovery InterAgency Network (CARIN),43 the Stolen Asset Recovery Initiative (StAR),
which is a partnership between the World Bank Group and the United
Nations Office on Drugs and Crime (UNODC),44 or more specialized
networks for asset recovery, such as the Global Focal Point Network on
Asset Recovery, a joint project of the StAR Initiative and Interpol focusing
on proceeds of corruption;45

Use police-to-police cooperation modalities, especially 24/7 contact
points under the Council of Europe Convention on Cybercrime, G8
Network of High Tech Crime Units national contacts or Interpol contact
points, who can provide both intelligence or execute data preservation
and other investigative requests directly, without the need for lengthy
mutual legal assistance procedures;
http://www.coindesk.com/information/how-to-store-your-bitcoins/.
FATF Report, “Operational Issues - Financial Investigations Guidance”, FATF/OECD
2012, p. 31.
43 http://www.assetrecovery.org/kc/node/baf520a5-fe6d-11dd-a6ca-f1120cbf9dd3.6
44 http://star.worldbank.org/star/
45 http://www.interpol.int/Crime-areas/Corruption/International-asset-recovery
42
Module 4 : Seizure of Virtual Currencies
159

Make contact with FIUs in foreign jurisdictions, requesting access to
STRs or other intelligence information or analysis, through the national
FIU by means of the Egmont Secure Web46 or other, bilateral modalities;
and

Engage in formal procedures with central authority (Prosecutor’s Office)
for transmitting mutual legal assistance requests to foreign jurisdiction.
In relation to the last option, without going into unnecessary detail on the
legally complex mutual legal assistance practicalities, additional difficulty with
utilizing mutual legal assistance requests for the seizure of centralized or
decentralized virtual currencies is the lack of legal regulation for such
currencies (already discussed in this Manual, Module 1), leaving their status in
the financial system of the requested state open to interpretation. It has to be
kept in mind that mutual legal assistance is a highly formalized process that
relies on exact definitions and clear procedures, and is often prejudiced by the
lack of understanding or willingness of the requested state to deal with the
issues that may be alien to its legal system.
46
http://www.egmontgroup.org/membership
Module 4 : Seizure of Virtual Currencies
160
Self Assessment
Question 1: What are the differences between crime proceeds and
instrumentalities?
Question 2: What are the differences between freezing and seizure of crime
proceeds and instrumentalities?
Question 3: Describe the need for expert assistance for identification and
seizure of crime proceeds and instrumentalities.
Question 4: Explain how applicable jurisdiction will be determined in
international investigations of decentralized virtual currencies as crime
proceeds?
Question 5: List at least two “red flags” for the tracing of crime proceeds
involving virtual currency exchanges.
Question 6: Explain the relevance of suspicious transaction reports (STRs)
for identification of crime proceeds or instrumentalities in the context of
virtual currencies.
Question 7: Please describe the process of seizure (taking control) of
decentralized virtual currency.
Question 8: List at least two modalities for international cooperation in
financial investigations.
161
162
Basic Manual on the Detection
And Investigation of the
Laundering of Crime Proceeds
Using Virtual Currencies
Annex 1
Bibliography
Annex 1 : Bibliograpgy
163
This annex assembles the list of key publications referenced throughout the
body of the manual.
Domestic Legislation

Azerbaijan
o “Criminal Code of Azerbaijan”
o “Criminal Procedure Code of Azerbaijan”
o “Law of Azerbaijan on Operative-Detective Activity”

Georgia
o “Criminal Code of Georgia”
o “Criminal Procedure Code of Georgia”

Moldova
o
o
o
o

“Criminal Code of Moldova”
“Criminal Procedure Code of Moldova”
“Moldovan Law on Combating Cybercrimes”
“Moldovan Law on Special Detective Activities”
Ukraine
o “Criminal Code of Ukraine”
o “Criminal Procedure Code of Ukraine”
United Nations
o
“International Convention for the Suppression of the Financing of
Terrorism “
 http://www.un.org/law/cod/finterr.htm
o “UNCITRAL Model Law on Electronic Commerce”
 https://www.uncitral.org/uncitral/en/uncitral_texts/elect
ronic_commerce/1996Model.html
o “UNCITRAL Model Law on International Credit Transfers”
 https://www.uncitral.org/pdf/english/texts/payments/tr
ansfers/ml-credittrans.pdf
o “United Nations Convention against Corruption”
 http://www.unodc.org/documents/treaties/UNCAC/Publi
cations/Convention/08-50026_E.pdf
Annex 1 : Bibliograpgy
164
o “United Nations Convention against Illicit Traffic in Narcotic
Drugs and Psychotropic Substances”
 http://www.unodc.org/pdf/convention_1988_en.pdf
o “United Nations Convention against Transnational Organized
Crime”
 http://www.unodc.org/documents/treaties/UNTOC/Publi
cations/TOC%20Convention/TOCebook-e.pdf
o “UNODC Comprehensive Study on Cybercrime”
 Prepared by UNODC for the consideration of the openended intergovernmental expert group to conduct a
comprehensive study of the problem of cybercrime,
according to the methodology agreed on by the expert
group.
 http://www.unodc.org/documents/organizedcrime/UNODC_CCPCJ_EG.4_2013/CYBERCRIME_STUDY_21
0213.pdf
o “UNODC Manual on International Cooperation for the Purposes of
Confiscation of Proceeds of Crime”
 https://www.unodc.org/documents/organizedcrime/Publications/Confiscation_Manual_Ebook_E.pdf
o “UNODC Toolkit to Combat Trafficking in Persons”
 http://www.unodc.org/documents/humantrafficking/Toolkit-files/08-58296_tool_3-5.pdf
o “UNODC Overview of the UN Conventions and Other International
Standards Concerning Anti-Money Laundering and Countering the
Financing of Terrorism”
 http://www.imolin.org/pdf/overview_of_UN_conventions_
2013.pdf
International, Regional and National Stakeholders

Asian Development Bank
o
“Manual on Countering Money Laundering and the Financing of
Terrorism”
 https://www.unodc.org/tldb/pdf/Asian-bank-guide.pdf
Annex 1 : Bibliograpgy

165
Commonwealth of Independent States (CIS)
o “Agreement on Cooperation in Combating Offences related to
Computer Information”
 https://cms.unov.org/documentrepositoryindexer/GetDoc
InOriginalFormat.drsx?DocID=5b7de69a-730e-43ce-96239a103f5cabc0

Council of Europe
o “Convention on Cybercrime”
 http://conventions.coe.int/Treaty/en/Treaties/Html/185.
htm
o “Criminal money flows on the Internet: methods, trends and
multi-stakeholder counteraction”
 http://www.coe.int/t/dghl/cooperation/economiccrime/c
ybercrime/documents/reportspresentations/MONEYVAL_2012_6_Reptyp_flows_en.pdf
o “Cybercrime training for judges and prosecutors: a concept”
 http://www.coe.int/t/dghl/cooperation/economiccrime/c
ybercrime/Documents/Training/2079_train_concept_4_pr
ovisional_8oct09.pdf
o “Discussion paper "Cloud Computing and Cybercrime
Investigations: Territoriality vs. the power of disposal?"”
 http://www.coe.int/t/dghl/cooperation/economiccrime/c
ybercrime/documents/internationalcooperation/2079_Cl
oud_Computing_power_disposal_31Aug10a.pdf
o “Electronic Evidence Guide: A basic guide for police officers,
prosecutors and judges”
 http://www.coe.int/t/dghl/cooperation/economiccrime/c
ybercrime/Documents/Electronic%20Evidence%20Guide
/default_en.asp
o “Explanatory Memorandum to the Council of Europe Convention
on Cybercrime”
 http://conventions.coe.int/Treaty/EN/Reports/Html/185.
htm
o “Financial Investigations and Confiscation of Proceeds from Crime”
 http://www.coe.int/t/dghl/cooperation/economiccrime/s
pecialfiles/CARPO-ManualFinInv_eng.pdf
Annex 1 : Bibliograpgy
166
o “Judicial training: Introductory course on cybercrime and
electronic evidence for judges and prosecutors”
 http://www.coe.int/t/dghl/cooperation/economiccrime/c
ybercrime/documents/basic%20training%20for%20judg
es/Cyber_JudTrain_Basic_course_Manual_V_1_0.pdf
o “Law Enforcement Challenges in Transborder Acquisition of
Electronic Evidence from “Cloud Computing Providers””
 http://www.coe.int/t/dghl/cooperation/economiccrime/c
ybercrime/documents/reportspresentations/2079_reps_IF10_reps_joeschwerha1a.pdf
o “MONEYVAL Research report, “The postponement of financial
transactions and the monitoring of bank accounts"”
 http://www.coe.int/t/dghl/monitoring/moneyval/Typolo
gies/MONEYVAL(2013)8_Postponement.pdf
o “Specialised cybercrime units – good practice study”
 http://www.coe.int/t/DGHL/cooperation/economiccrime
/cybercrime/Documents/ReportsPresentations/Octopus2011/2467_HTCU_study_V30_9Nov
11.pdf
o “Strategic Priorities for the Cooperation against Cybercrime in the
Eastern Partnership Region”
 http://www.coe.int/t/dghl/cooperation/economiccrime/
Source/Cybercrime/CyberCrime@EAP/2523_EAP_Strat_Pr
iorities_V7%20ENG.pdf
o “Convention on Laundering, Search, Seizure and Confiscation of
the Proceeds from Crime and on the Financing of Terrorism”
 http://conventions.coe.int/Treaty/en/Treaties/Html/141.
htm

European Central Bank
o “Virtual Currency Schemes”
 http://www.ecb.europa.eu/pub/pdf/other/virtualcurrenc
yschemes201210en.pdf
Annex 1 : Bibliograpgy

167
European Parliament
o “Directive 1999/93/EC of the European Parliament and of the
Council of 13 December 1999 on a Community framework for
electronic signatures”
 http://eur-lex.europa.eu/legalcontent/EN/ALL/?uri=CELEX:31999L0093
o “Directive 2000/31/EC of the European Parliament and of the
Council of 8 June 2000 on certain legal aspects of information
society services, in particular electronic commerce, in the Internal
Market”
 http://eurlex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:3200
0L0031:en:HTML
o “Directive 2009/110/EC of the European Parliament and of the
Council of 16 September 2009 on the taking up, pursuit and
prudential supervision of the business of electronic money
institutions”
 http://eur-lex.europa.eu/legalcontent/EN/TXT/PDF/?uri=CELEX:32009L0110&from=E
N
o “Directive 2011/83/EU on Consumer Rights”
 http://eur-lex.europa.eu/legalcontent/EN/TXT/PDF/?uri=CELEX:32011L0083&rid=1

Financial Action Task Force (FATF)
o “FATF Report “Virtual Currencies – Key Definitions And Potential
AML/CFT Risks”
 http://www.fatfgafi.org/topics/methodsandtrends/documents/virtualcurrency-definitions-aml-cft-risk.html
o “FATF Report – Operational Issues: Financial Investigations
Guidance”
 http://www.fatfgafi.org/media/fatf/documents/reports/Operational%20I
ssues_Financial%20investigations%20Guidance.pdf
o “Guidance for a Risk-Based Approach to Prepaid Cards, Mobile
Payments and Internet-Based Payment Services”
Annex 1 : Bibliograpgy
168

http://www.fatfgafi.org/media/fatf/documents/recommendations/Guida
nce-RBA-NPPS.pdf
o “Money Laundering Using New Payment Methods”
 http://www.fatfgafi.org/media/fatf/documents/reports/ML%20using%2
0New%20Payment%20Methods.pdf
o “Report on New Payment Methods”
 http://www.fatfgafi.org/media/fatf/documents/reports/Report%20on%2
0New%20Payment%20Methods.pdf

Financial Crimes Enforcement Network (FinCEN), United States
Department of the Treasury
o “Guidance: Application of FinCEN’s Regulations to Persons
Administering, Exchanging, or Using Virtual Currencies”
 http://www.fincen.gov/statutes_regs/guidance/html/FIN2013-G001.html

International Monetary Fund
o “Financial Intelligence Units: An Overview”
 http://www.imf.org/external/pubs/ft/FIU/fiu.pdf

International Telecommunication Union (ITU)
o “The ITU Toolkit for Cybercrime Legislation”
 http://www.cyberdialogue.ca/wpcontent/uploads/2011/03/ITU-Toolkit-for-CybercrimeLegislation.pdf

League of Arab States
o “Convention on Combating Information Technology Offences”
 https://cms.unov.org/DocumentRepositoryIndexer/GetDo
cInOriginalFormat.drsx?DocID=3dbe778b-7b3a-4af095ce-a8bbd1ecd6dd

Organization for Economic Cooperation and Development (OECD)
o “Effective Inter-Agency Cooperation in Fighting Tax Crimes and
Other Financial Crimes”
Annex 1 : Bibliograpgy
169


http://www.oecd.org/ctp/crime/EffectiveInterAgencyCoo
perationinFightingTaxCrimes.pdf
Shanghai Cooperation Organization
o “Agreement on Cooperation in the Field of International
Information Security”
 http://www.fidh.org/en/Terrorism/Agreement-Betweenthe-Member (unofficial translation)
170
171
Basic Manual on the Detection
And Investigation of the
Laundering of Crime Proceeds
Using Virtual Currencies
Annex 2
Glossary
Annex 2 :Glossary
172
1 Glossary of Terms
Please note that the definitions of terms provided in this glossary are for
informational purposes only and are only applicable in the context of this
manual.
Administrating Authority
See Centralised Virtual Currency
Bitcoin
A decentralised, peer-to-peer payment network that is powered by its users
with no central authority or middlemen.
Block Chain
A public ledger of transactions maintained by certain types of decentralised
virtual currencies (e.g. Bitcoin)
Centralised Virtual Currency
Centralised virtual currencies have a single administrating authority
(administrator) i.e. a third party that controls the system. An administrator
issues the currency; establishes the rules for its use; maintains a central
payment ledger; and has authority to redeem the currency (withdraw it from
circulation). The exchange rate for a convertible virtual currency may either be
floating - i.e. determined by market demand for the virtual currency - or pegged
- i.e. fixed by the administrator at a set value, such as gold or a basket of
currencies.
Closed Virtual Currency
See non-convertible virtual currency
Computer-related Fraud
An assimilative offence that tailors traditional fraud offences to the environment
of information and communications technology.
Computer Security Incident Response Team
Computer Security Incident Response Teams are specialist groups that mostly
focus on prevention, handling and mitigation of consequences of cyber-security
incidents.
Consumer Protection
The set of rules protecting the rights of consumers entitling them to a
reasonable standard of goods and services received, and protecting them from
unfair and unjust business practices.
Annex 2 :Glossary
173
Content Data
The communication content of the communication i.e. the meaning or purport of
the communication, or the message or information being conveyed by the
communication.
Convertible Virtual Currency
Convertible virtual currency has an equivalent value in real currency and can be
exchanged back-and-forth for real currency.
Crypto Currencies
See decentralised virtual currencies
CSIRT
See Computer Security Incident Response Team
Currency Exchangers
See virtual currency exchange
Cybercrime
A concept that denotes both offences against computer data and systems,
namely, offences against confidentiality, integrity and availability of data and
systems, as well as offences committed by means of computer data and systems.
Data Interference
The offence of data interference aims to protect integrity and proper
functioning or use of stored computer data or computer programs against
damaging, deletion, deterioration, alteration or suppression of computer data
without right.
Decentralised Virtual Currencies
Decentralised virtual currencies are distributed, open-source, peer-to-peer
digital currencies that have no central administrating authority and no central
monitoring or oversight.
Digital Currency
Digital currency is a digital representation of either virtual currency (non-fiat)
or e-money (fiat).
Digital Representation
A representation of something in the form of digital data. A physical object such
as a flash drive or a computer hard drive may contain a digital representation of
a virtual currency but ultimately, the digital data itself, not the medium on
which it is stored is the virtual currency.
Annex 2 :Glossary
174
Discretionary Prosecution
A concept that refers to the application of public interest standards to specific
criminal cases in order to decide whether to initiate or continue prosecution or
to divert the perpetrator into alternative solutions.
E-Commerce
Any form of business transaction between individuals and entities that uses
electronic communications in place of physical exchange of goods or services.
E-Gold
A virtual currency established in 1996 that allowed users to open an account
with a value denominated in grams of gold (or other precious metals) and the
ability to make instant transfers of value to other E-Gold accounts. Shut down by
the US courts in 2007.
E-Money
See electronic money
Electronic Evidence
Information generated, stored or transmitted using electronic devices that may
be relied upon in court.
Electronic Money
A digital representation of fiat currency used to electronically transfer value
denominated in fiat currency. Electronic money is a digital transfer mechanism
for fiat currency - i.e. it electronically transfers value that has legal tender status.
Fiat Currency
The coin and paper money of a country that is designated as its legal tender,
circulates and is customarily used and accepted as a medium of exchange in the
issuing country.
Financial Intelligence Unit
Financial Intelligence Units are specialised supervision agencies that receive
reports of suspicious transactions from financial institutions and other persons
and entities, analyse them, and disseminate the resulting intelligence to local
law enforcement agencies and foreign Financial Intelligence Units to combat
money-laundering.
FIU
See Financial Intelligence Unit
Annex 2 :Glossary
175
Freezing
Temporarily prohibiting the transfer, conversion, disposition or movement of
property. Contrast with seizure, which allows a competent authority or court to
take control of the specified property.
Illegal Access
The basic offence of threats to and attacks against the security (i.e.
confidentiality, integrity and availability) of computer systems and data.
Instrumentalities
Any property used or intended to be used, in any manner, wholly or in part, to
commit any criminal offence(s).
Integration
The final stage of a money-laundering scheme which represents the return of
the funds to the legal economy. See also money-laundering, placement and
layering.
Layering
The second stage of a money-laundering scheme which usually consists of a
series of transactions to conceal the origin of the funds. See also moneylaundering, placement and integration.
Liberty Reserve
A virtual currency established in 2006 that operated until 2013, allowing users
to register and transfer money with to other users with only a name, email
address and date of birth.
Linden Dollars
A convertible, centralised virtual currency for use in the online virtual world
"Second Life"
Misuse of Devices
The intentional commission of specific legal acts regarding certain devices or
access data to be misused for the purpose of committing offences against the
confidentiality, integrity and availability of computer systems or data.
Money-laundering
The process by which criminals disguise the original ownership and control of
the proceeds of criminal conduct by making such proceeds appear to have
derived from a legitimate source.
Monitoring Order
An order issued by the competent authority, directed at a financial institution,
requiring disclosure to an authorised person of information concerning
Annex 2 :Glossary
176
transactions carried out through an account held with the institution by a
person named in the order.
New Payment Methods
An expression used by the FATF to refer to prepaid cards, mobile payments and
Internet payment services.
Non-convertible Virtual Currency
Non-convertible virtual currency is specific to a particular virtual domain or
world such as a Massively Multiplayer Online Role-Playing Game (MMORPG) or
Amazon, and cannot be exchanged for fiat currency under the rules governing
its use.
Open Virtual Currency
See convertible virtual currency
Placement
The first stage of a money-laundering scheme which represents the initial entry
of the funds into the financial system. See also money-laundering, layering and
integration.
Predicate Offence
An offence whose proceeds may become the subject of any money-laundering
offence.
Preservation
The concept that data, which already exists in stored form, be protected from
anything that would cause its current quality or condition to change or
deteriorate. Preservation does not necessarily mean that the data will be
rendered inaccessible, so that legitimate users, depending on the exact
specifications of the order, may still access the data.
Proceeds
Refers to any property derived from or obtained, directly or indirectly, through
the commission of an offence.
Production Order
Used by law enforcement to compel a person to provide specified stored
computer data, or a service provider offering its service to submit subscriber
information.
Seizure
Application of procedures that prohibit the transfer, conversion, disposition or
movement of criminally obtained property which allows the competent
authority or court to take control of the specified property.
Annex 2 :Glossary
177
System Interference
The offence of intentional hindering of the lawful use of computer systems
including telecommunications facilities by using or influencing computer data.
Technological Neutrality
The concept that technologies can be used for both legitimate and illegitimate
purposes and therefore the core technology itself cannot be considered illegal
due to the potential for its criminal use.
Virtual Currency
A virtual currency is a digital representation of value that can be traded on the
Internet as (1) a medium of exchange; and/or (2) a unit of account; and/or (3) a
store of value, but does not have legal tender status in any jurisdiction.
Virtual Currency Exchange
An organisation that offers to buy or sell, or facilitate the buying and selling, of
virtual currency in exchange for either fiat currency or other virtual currencies.
Virtual Machine
Software that allows a user to execute an operating system as an application on
their computer.
WebMoney
A virtual currency established in 1998 that is based on providing its users with
the ability to control individual property rights stored by other participants of
the system. WebMoney has almost 25 million users at the time of writing.
178
179
Basic Manual on the Detection
And Investigation of the
Laundering of Crime Proceeds
Using Virtual Currencies
Annex 3
Examples and Analysis
Pertaining to the GUAM Countries
Annex 3 : Examples and Analysis Pertaining to the GUAM Countries
180
This annex provides a brief insight into the legal aspects of virtual currencies in
the GUAM states, addressing related legal and institutional frameworks of
money-laundering and cybercrime. These are grouped into relevant topics of
general regulation of virtual currencies, aspects of money-laundering, and
cybercrime regulations in respective states.
1 Regulation of virtual currencies
None of the GUAM states have adopted direct regulations related to centralized
or decentralized virtual currencies. There is nothing extraordinary in this, since,
at the time of writing of this Manual, only a handful of states worldwide are
taking the very first steps in an attempt to address some issues raised by virtual
currencies. This does not mean, however, that the lack of regulation with regard
to virtual currencies absolves their use for illegal purposes (including moneylaundering) from all sorts of responsibility. As has been discussed throughout
this Manual, analogies and interpretations of existing provisions on moneylaundering and cybercrime can and should be used to address the challenges
raised by use for virtual currencies for money-laundering purposes.
Similar to global trends in this area, the need for regulation of virtual currencies
in the GUAM states will become an agenda item when the number of users and
transactions in virtual currencies reaches a certain threshold to become a
concern. However, as the following case study demonstrates, virtual currencies
can attract attention from policy makers and financial regulators even in cases
where such, rather hypothetical, thresholds are yet to be met.
Case Study: Bitcoin status and regulation in Ukraine
In response to queries from Ukraine-based news source AIN.UA, 1 the
National Bank of Ukraine (NBU) has issued its first formal legal guidance to
its native Bitcoin community.
Most notably, the NBU has indicated that Bitcoin payment systems and
payment infrastructure services must register with the agency and abide by
existing laws related to the management of electronic money. The topic of
whether Bitcoin businesses necessitate unique laws is being debated around
the world, and as such, Ukraine’s decision to use existing laws gives it a
unique position on the global stage.
AIN.UA published the full comments it obtained from the NBU, which
1
http://ain.ua/.
Annex 3 : Examples and Analysis Pertaining to the GUAM Countries
181
amount to a few paragraphs of direction, as well as a link to an existing
payment systems and money-laundering law – “On Payment Systems and
Funds Transfer in Ukraine” – which lies at the centre of the new guidance.2
Pursuant to Article 9 of the law, the NBU stated that Bitcoin businesses have
the right to perform services only after registering with the government,
suggesting that those that have not are in violation of current law.
Article 9 also requires payment service providers to:



Enact a procedure for settling instances when it fails to perform services;
Establish an organizational structure and formal channels to resolve
member disputes;
Provide information about the transfer of money to enhance consumer
protection.
Further, the NBU cited Article 15 of the Act, which requires those with “the
intention to issue electronic money” 3 to coordinate rules for its use
consistent with current regulation.
While NBU officials did provide some legal clarifications for the wider virtual
currency community, they also followed in the footsteps of other European
nations that have issued warnings to citizens regarding Bitcoin’s price
volatility and lack of consumer protections. Said the bank: “We emphasize
that all the risks associated with the use of so-called … crypto-currency …
bear calculations.” With this statement, Ukraine joins other European and
Asian nations that have recently decided to increase consumer awareness of
the risks of virtual currencies.4
2
Full text of the guidance in response to AIN.UA query can be found at the following
address: http://ain.ua/2014/02/14/513124 (in Russian only).
3 Electronic money in this quotation should be interpreted as meaning “digital currencies”
per the definitions provided in Module 1.
4 CoinDesk, “Ukraine to Regulate Bitcoin Businesses Under Existing Laws” (Source:
http://www.coindesk.com/ukraine-regulate-bitcoin-businesses-existing-laws/)
Annex 3 : Examples and Analysis Pertaining to the GUAM Countries
182
2 Money-laundering regulatory framework
All of the GUAM states are parties to key international instruments that require
states to undertake efforts in preventing and combating money-laundering,
including the United Nations Convention against Organized Crime, the United
Nations Convention against Corruption, the United Nations Convention against
illicit traffic in narcotic drugs and psychotropic substances and, in a regional
context, the Council of Europe Convention on Laundering, Search, Seizure and
Confiscation of the Proceeds from Crime and on the Financing of Terrorism. The
GUAM states are also part of the FATF global network, subject to monitoring of
compliance with International Standards on Combating Money-laundering and
the Financing of Terrorism & Proliferation (FATF Recommendations). Similarly,
in a European context, the GUAM states’ compliance with anti-moneylaundering standards is ensured by the Council of Europe Committee of Experts
on the Evaluation of Anti-Money-laundering Measures and the Financing of
Terrorism (MONEYVAL).
2.1 Substantive law
Money-laundering definitions in the GUAM states are provided by the
specialized legislative acts adopted with an aim of preventing legalization of
illegal proceeds. Definitions contained in the Law of the Republic of Azerbaijan
on the Prevention of the Legalization of Criminally Obtained Funds or Other
Property and the Financing of Terrorism, the Law of Georgia on Facilitating the
Prevention of Illicit Income Legalization, the Law of Moldova on the Prevention
and Combating Money-laundering and Financing of Terrorism, and the Law of
Ukraine on Prevention and Counteraction to Legalization (Laundering) of the
Proceeds of Crime or Terrorist Financing conform to the internationally
accepted definitions of money-laundering that can be used in cases involving
illegal use of virtual currencies.
From a substantive criminal law perspective, all of the GUAM states criminalize
legalization of proceeds and instrumentalities of crime in their legislation.
Articles 1931 and 194 of the Criminal Code of Azerbaijan, ‘’Legalization of funds
or other property, knowing that such funds or other property is the proceeds of
crime’’ and “Acquisition, possession, use or disposition of funds or other
property, knowing, at the time of receipt, that such funds or other property is
the proceeds of crime”, Articles 194 and 1941 of the Criminal Code of Georgia,
“Legalization of illegal proceeds” and “Use, procurement, possession or
disposition of property obtained from the legalization of illegal income”, Article
243 of the Criminal Code of Moldova, “Money-laundering”, and Article 209 of the
Criminal Code of Ukraine, “Legalization (laundering) of criminally obtained
money and other property”, provide substantive law framework for addressing
such offences in terms of necessary elements of crime, as well as possible
sanctions.
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The situation differs in relation to predicate offences. With the exception of
Ukraine, the GUAM states use an all-crimes approach in relation to predicate
offences, meaning that proceeds and instrumentalities of any crime can be
subject to freezing, seizure and confiscation. In case of Ukraine, Article 209 of
the Criminal Code of Ukraine envisages a minimum threshold of sentence
(crimes punishable by deprivation of liberty or fine in excess of 3000 minimum
wages) as well as exceptions for tax evasion offences (Articles 212 and 2121 of
the Criminal Code). Putting this into the terms of cybercrime often being the
predicate offence in virtual currency-related investigations, this is not a major
concern, since all of the acts under Chapter 16 “Criminal Offenses Related to the
Use of Electronic Computing Machines (Computers), Systems and Computer
Networks and Telecommunication Networks” of the Criminal Code of Ukraine
envisage deprivation of liberty as a possible option for sentencing.
2.2 Procedural regulations
Besides the general criminal procedure framework available for investigation of
all criminal offences, and the related procedural actions (such as witness
testimony, search and seizure, production of documents, etc.), financial
investigations into money-laundering, as well as detection and seizure of illegal
proceeds and instrumentalities of crime, are based on application of specific
procedural powers that can be also relevant in the context of virtual currencyrelated investigations.
In terms of criminal intelligence in money-laundering cases involving virtual
currencies, the importance of using suspicious transaction reports from national
FIUs has been noted in this Manual. Definitions of suspicions transactions are
provided, correspondingly, by Article 7 of the Law of the Republic of Azerbaijan
on the Prevention of the Legalization of Criminally Obtained Funds or Other
Property and the Financing of Terrorism, Article 2(h) of the Law of Georgia on
Facilitating the Prevention of Illicit Income Legalization, Article 5 of the Law of
Moldova on the Prevention and Combating Money-laundering and Financing of
Terrorism, and Article 11 of the Law of Ukraine on Prevention and
Counteraction to Legalization (Laundering) of the Proceeds of Crime or
Terrorist Financing.
Monitoring of transactions, as an investigative tool in financial investigations of
money-laundering, is provided by Articles 2-9 of the Law of the Republic of
Azerbaijan on the Prevention of the Legalization of Criminally Obtained Funds
or Other Property and the Financing of Terrorism, Articles 5-10 of the Law of
Georgia on Facilitating the Prevention of Illicit Income Legalization, Article 4-6
of the Law of Moldova on the Prevention and Combating Money-laundering and
Financing of Terrorism, and Section II of the Law of Ukraine on Prevention and
Counteraction to Legalization (Laundering) of the Proceeds of Crime or
Terrorist Financing. This is the procedural power specific to the FIUs.
Annex 3 : Examples and Analysis Pertaining to the GUAM Countries
184
Monitoring orders may be also issued by law enforcement. Article 1241 of the
Criminal Procedure Code of Georgia and Article 1324 of the Criminal Procedure
Code of Moldova provide investigative agencies with the power to monitor
financial transactions in the course of investigation; in the criminal procedure
legislation of Azerbaijan and Ukraine, there are no comparable provisions for
law enforcement.
Production and disclosure of financial records falls within the general power of
law enforcement to request and obtain evidence in the form of document or
information from any state agency, private entity or an individual. In the context
of virtual currencies, either specialized production orders for electronic
evidence (Article 136 of the Criminal Procedure Code of Georgia and Chapter 15
of the Criminal Procedure Code of Ukraine) or general production orders
(Chapter XXXI of the Criminal Procedure Code of Azerbaijan and Article 126 of
the Criminal Procedure Code of Moldova) can be used to secure financial
records in the course of virtual currency-related investigations.
In the context of the GUAM states, procedures for seizure of criminal profits or
crime instrumentalities are predominantly addressed by the criminal procedure
framework.
Article 249 of the Criminal Procedure Code of Azerbaijan provides for the
grounds that can be used for seizing illegally obtained property; although such
seizure is a predominantly judicial procedure, in case of exigent circumstances,
such as imminent destruction or other loss of control over such property,
investigator’s substantiated motion may provide legal grounds for effecting
seizure.
Article 151 of the Criminal Procedure Code of Georgia provides for strictly
judicial procedure for the arrest of illegally obtained property. This provision
introduces the specific possibility for the use of civil law procedures for the
purposes of arrest, provided those procedures are generally compliant with the
Criminal Procedure Code.
Articles 203-209 of the Criminal Procedure Code of Moldova provide for the
grounds and procedures for the seizure of illegally obtained property. Both
judicial warrant and ex officio procedures can be used in this respect. There are
also detailed provisions related to the enforcement of warrants and
management of seized property.
Chapter 17 of the Criminal Procedure Code of Ukraine addresses seizure of
illegal proceeds in the framework of general regulations pertaining to seizure of
property in the criminal proceedings.
Annex 3 : Examples and Analysis Pertaining to the GUAM Countries
185
Where expert examinations and reports of such examinations are necessary for
proper performance of procedural actions noted above, Chapter XXXV of the
Criminal Procedure Code of Azerbaijan, Articles 144-146 of the Criminal
Procedure Code of Georgia, Articles 142-153 of the Criminal Procedure Code of
Moldova and Articles 242-245 of the Criminal Procedure Code of Ukraine may
be used as a legal groundwork for securing expert support in virtual currencyrelated investigations.
2.3 Institutional framework
In terms of money-laundering investigations and especially financial
intelligence, specialized agencies for money-laundering investigation, such as
Financial Intelligence Units, are naturally key players from an institutional
standpoint. In this regard, Financial Monitoring Service under the Central Bank
of the Republic of Azerbaijan, Financial Monitoring Service of Georgia, Office for
Prevention and Fight against Money-laundering of the National Anticorruption
Centre of the Republic of Moldova and the State Financial Monitoring Service of
Ukraine provide expertise in prevention and investigation of money-laundering
offences.
In terms of actual seizure of crime proceeds and instrumentalities, relevant
functions in the GUAM states are assigned to law enforcement tasked with
investigation of legalization of illegal proceeds, such as Department for
Combating Corruption at the General Prosecutor’s Office of Azerbaijan, AntiCorruption Department of the Chief Prosecutor’s Office of Georgia, Service on
Prevention and Combating Money-laundering at the National Anti-Corruption
Centre of Moldova, and the Financial Investigations Department at the Ministry
of Revenue and Duties of Ukraine, with investigative actions also performed by
the Ministry of Internal Affairs and/or State Security Service of Ukraine.
With regard to international cooperation in money-laundering, all of the noted
GUAM state FIUs are part of the Egmont Group of Financial Intelligence Units
and can therefore avail themselves of the data exchange and investigative
assistance opportunities offered by this network. On the other hand, law
enforcement units investigating legalization of illegal proceeds can use both
24/7 contact points for the purposes of police-to-police cooperation in
cybercrime cases, or local Interpol contacts for similar and other assistance
modalities in police-to-police cooperation. Where juridical cooperation is
required, central authorities for mutual legal assistance in criminal cases can be
involved to handle processing of such requests (international departments of
the Ministries of Justice or Chief/General Prosecutor’s Office in all GUAM states,
depending on the stage of the criminal proceedings).
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3 Cybercrime regulatory framework
All of the GUAM states are parties to the 2001 Council of Europe Convention
against Cybercrime, which is a regional treaty addressing criminalization of
cybercrime offences, procedural actions aimed at their investigation, and
institutional capacities and international cooperation modalities required to
fight cybercrime across national borders. Compliance of the GUAM states with
the requirements of the Convention is performed by the Cybercrime Convention
Committee (T-CY) through regular and thematic reporting.
3.1 Substantive law
Cybercrime offences that can be predicate or auxiliary to money-laundering
committed through the use of virtual currencies are mostly incorporated into
the legislation of the GUAM states; however, there are some differences in
addressing different offences by the GUAM jurisdictions.
The offence of illegal access, as a basic offence of threats to and attacks against
the security (i.e. the confidentiality, integrity and availability) of computer
systems and data, is fully criminalized by Azerbaijan, Georgia and Moldova.
Illegal access is addressed, correspondingly, by the Article 271 of the Criminal
Code of Azerbaijan, Article 284 of the Criminal Code of Georgia and Article 259
of the Criminal Code of Moldova. However, no direct analogy is found in the
substantive criminal law of Ukraine.
Data interference, an offence against integrity and the proper functioning or use
of stored computer data or computer programs, such as damaging, deletion,
deterioration, alteration or suppression of computer data, is incorporated in the
provisions of Article 286 of the Criminal Code of Georgia, Article 2602 of the
Criminal Code of Moldova and Articles 361 and 362 of the Criminal Code of
Ukraine. No separate offence of data interference is available in the criminal
legislation of Azerbaijan.
Similarly, an offence of system interference, meaning intentional hindering of
the lawful use of computer systems including telecommunications facilities by
using or influencing computer data, is criminalized under Article 286, p. 2 of the
Criminal Code of Georgia, Article 2603 of the Criminal Code of Moldova and
Articles 361 and 3631 of the Criminal Code of Ukraine. Criminal law of
Azerbaijan, at the moment, does not provide for a separate definition of system
interference.
Misuse of devices, that is, illegal act of misuse of devices and data for the
purpose of committing offences against the confidentiality, the integrity and
availability of computer systems or data, is properly criminalized by all GUAM
states. Corresponding provisions can be found in Article 2716 of the Criminal
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Code of Azerbaijan, Article 285 of the Criminal Code of Georgia, Article 2604 of
the Criminal Code of Moldova and Article 3611 of the Criminal Code of Ukraine.
3.2 Procedural actions
Electronic evidence is a key concept for investigation of crimes involving
computer systems and data, and is thus important for investigation of moneylaundering offences. In the GUAM states, the criminal procedure acts do not
incorporate electronic evidence as a separate, standalone category of evidence,
but rather interpret electronic evidence to be a part of the concept of
“documents” or “information” that can be used as admissible evidence in
criminal proceedings.
Regarding specific procedural actions aimed at investigation of cybercrime
offences, real-time collection of traffic data is provided by Article 137 of the
Criminal Procedure Code of Georgia and Article 263 of the Criminal Procedure
Code of Ukraine. This procedure is notably missing from the criminal procedure
framework of Azerbaijan and Moldova.
Interception of content data aims to assimilate traditional options for the
collection of content data in respect of telecommunications (e.g., telephone
conversations) into the environment of information technology. In the context
of the GUAM states, interception procedures are provided either by laws on
Operative-Detective Activity (Section 10 of the Law of Azerbaijan on OperativeDetective Activity and Article 18 of the Moldovan Law on Special Detective
Activities) or incorporated into the mainstream criminal procedure legislation
(Article 138 of the Criminal Procedure Code of Georgia and Articles 258 and 264
of the Criminal Procedure Code of Ukraine).
In contrast, preservation of stored computer data, as well as partial disclosure
of data so preserved, is only available under Article 7 of the Moldovan Law on
Combating Cybercrime and is not an approach shared by other GUAM states.
However, in practice, preservation procedures can be substituted by search and
seizure of electronic evidence in exigent circumstances, something that is
widely available across most GUAM jurisdictions (Article 243 p. 3 of the
Criminal Procedure Code of Azerbaijan, Article 120 of the Criminal Procedure
Code of Georgia, and Article 125 p. 4 of the Criminal Procedure Code of
Moldova), with the exception of Ukraine that allows only judicial warrants for
search and seizure (Article 234 of the Criminal Procedure Code of Ukraine).
Production orders, used in a cybercrime context to compel a person to provide
specified stored computer data, or to require service provider offering its
services in the territory of the Party to submit subscriber information, are
available under Article 136 of the Criminal Procedure Code of Georgia and
Chapter 15 of the Criminal Procedure Code of Ukraine. In cases of Azerbaijan
and Moldova, general criminal procedure provisions on production of
Annex 3 : Examples and Analysis Pertaining to the GUAM Countries
188
documents and other evidence can be used to an equal effect (Chapter XXXI of
the Criminal Procedure Code of Azerbaijan and Article 126 of the Criminal
Procedure Code of Moldova).
3.3 Institutional framework
Cybercrime investigations, per the requirements under the Council of Europe
Convention against Cybercrime, rely on centralized, specialized investigative
units to perform detection and investigation cybercrime, as well as preliminary
investigative analysis of electronic evidence in cybercrime cases. All of the
GUAM states operate such units at their police forces.
In Azerbaijan, cybercrime investigations are handled by Department of
Combating Crimes in Communications and IT of the Ministry of National
Security of the Republic of Azerbaijan. Georgian cybercrime investigations are
performed by the Division for Combating Cybercrime of the Central Criminal
Police Department at the Ministry of Internal Affairs of Georgia. Cybercrime
detection and investigation in Moldova is undertaken by the Direction of
Prevention and Combating of Cybernetic, Information and Transnational
Offences of the Ministry of Internal Affairs of Moldova. Ukraine investigates
cybercrime offences under the investigative competence of the Department for
Combating Cybercrime of the Ministry of Internal Affairs of Ukraine.
With regard to international cooperation in cybercrime matters, all of the
investigative units noted above incorporate 24/7 contact point for the purposes
of police-to-police cooperation in cybercrime cases, in compliance with the
requirements of the Convention on Cybercrime. Where juridical cooperation is
required, central authorities for mutual legal assistance in criminal cases are set
up to handle the processing of such requests (international departments of the
Ministries of Justice or Chief/General Prosecutor’s Office in all GUAM states,
depending on the stage of the criminal proceedings).
Annex 3 : Examples and Analysis Pertaining to the GUAM Countries
189
4 Conclusions
In the absence of directly applicable regulations on the illegal use of virtual
currencies, in particular, for money-laundering purposes, the GUAM states have
to rely on existing provisions of their legislation on money-laundering and
cybercrime, and to adapt them to the context of virtual currencies. In all fairness,
no other nations have introduced similarly direct regulations on virtual
currencies, and the advanced state of money-laundering and cybercrime
regulations in the GUAM states should, at least theoretically, allow them to apply
existing provisions to new and emerging challenges presented by virtual
currencies.
However, several considerations with regard to implementation of cybercrime
provisions in criminal law framework of the GUAM states – from both
substantive and procedural points of view – need to be addressed. Although
cybercrime offences may be standalone acts that have no relation to moneylaundering activities, relevance of cybercrime investigations as offences that can
be predicate or auxiliary to money-laundering has been highlighted throughout
this Manual. Even if this approach remains largely unexplored in practice in the
GUAM states, having a coherent legal framework prepared for challenges
presented by technology cannot be understated.
Correct interpretation of legal terms is important; however, even more
important is an understanding in all state agencies and departments involved, in
one way or another, of the cross-cutting issues of money-laundering and
cybercrime in the context of virtual currencies. As with any form of technically
and legally complex situations, the key to understanding and addressing
challenges presented by virtual currencies is cooperation between national
stakeholders. And, since virtual currencies operate in a borderless online
environment, international cooperation is going to play an increasingly
important role in investigating money-laundering by use of virtual currencies.
Having already established national authorities for investigation of moneylaundering and cybercrime, as well as making available national contact points
for international investigative cooperation as well as mutual legal assistance,
the GUAM states are institutionally well-equipped for offering and
implementing such cooperation.
190
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Basic Manual on the Detection
And Investigation of the
Laundering of Crime Proceeds
Using Virtual Currencies
Annex 4
List of Designated Agencies in the
GUAM Countries
Annex 4: List of Designated Agencies in the GUAM Countries
192
This annex assembles the list of relevant designated agencies in the GUAM
countries with regard to the detection and investigation of laundering crime
proceeds through virtual currencies. The list of contacts is organized
alphabetically by the GUAM member states.
1
Azerbaijan
Financial Intelligence Unit
Financial Monitoring Service
The Central Bank of the Republic of Azerbaijan
40 Bul-Bul Avenue, AZ1014,
Baku, Republic of Azerbaijan
Tel.: +994 12 598 19 46;
Fax: +994 12 493 03 88; +994 12 493 03 67;
E-mail: office@fiu.az
Money-laundering Investigations
Department for Combating Corruption
General Prosecutor’s Office of Azerbaijan
30A Kaverochkin Street, AZ1007
Baku, Republic of Azerbaijan
Tel: +994 12 441 92 52
Fax: n/a
E-mail: kaliyev@prosecutor.gov.az
Units for seizure of crime proceeds/instrumentalities
Department for Combating Corruption
General Prosecutor’s Office of Azerbaijan
30A Kaverochkin Street, AZ1007
Baku, Republic of Azerbaijan
Tel: +994 12 441 92 52
Fax: n/a
E-mail: kaliyev@prosecutor.gov.az
Prosecution service
Office of Prosecutor General of the Republic of Azerbaijan
7 Nigar Rafibeyli Str., AZ1001
Baku, Republic of Azerbaijan
Tel: +994 12 492 55 40
Fax: n/a
Annex 4: List of Designated Agencies in the GUAM Countries
E-mail: info@prosecutor.gov.az
National contact for Mutual Legal Assistance
Pre-trial:
International Legal Department
Prosecutor General’s Office of the Republic of Azerbaijan
7, Nigar Rafibeyli St., AZ370001
Baku, Republic of Azerbaijan
Tel: +994 12 492 61 98; +994 12 492 17 70; +994 12 492 87 51
Fax: +994 12 493 00 20
E-mail: intlaw@azeri.com
Trial stage:
International Cooperation Department
Ministry of Justice of the Republic of Azerbaijan
1 İnshaatchılar ave., AZ1073
Baku, Republic of Azerbaijan
Tel: +994 12 430 01 67
Fax: +994 12 510 29 40
E-mail: international@justice.gov.az
Cybercrime/High-tech crime unit
Department of Combating Crimes in Communications and IT
Ministry of National Security of the Republic of Azerbaijan
2 Parliament Ave, AZ1006
Baku, Republic of Azerbaijan
Tel: +994 12 493 76 22
Fax: +994 12 493 76 22
E-mail: secretoffice@mns.gov.az
24/7 contact point under the Convention on Cybercrime
Department of Combating Crimes in Communications and IT
Ministry of National Security of the Republic of Azerbaijan
2 Parliament Ave, AZ1006
Baku, Republic of Azerbaijan
Tel: +994 12 493 76 22
Fax: +994 12 493 76 22
E-mail: secretoffice@mns.gov.az
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Annex 4: List of Designated Agencies in the GUAM Countries
Interpol contact point
Bureau of Interpol in Azerbaijan
4 Firdovsi Mammadov, Narimanov, AZ1008
Baku, Republic of Azerbaijan
Phone: +994 12 498 09 23, +994 12 590 99 26
Fax: +994 12 598 37 77
E-mail: n/a
Computer Security Incident Response Team (CSIRT)
CERT-AZ
Drogal Lane, Block 702, AZ1010
Baku, Republic of Azerbaijan
Phone: +994 12 493 20 57
E-mail: reports@cert.az
Personal data protection office
Commissioner for Human Rights (Ombudsman)
40, U. Hajibayov Street, Government House, II Door, AZ 1000
Baku, Republic of Azerbaijan
Tel: +994 12 498 23 65
Faxm: ombudsman@ombudsman.gov.az
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2
195
Georgia
Financial Intelligence Unit
Financial Monitoring Service of Georgia
2 Sanapiro Street, 0105 Tbilisi, Georgia
Tel: +995 32 229 67 00
Fax: +995 32 229 67 00
E-mail: info@fms.gov.ge
Money-laundering Investigations
Anti-Corruption Department
Chief Prosecutor’s Office of Georgia
24 Gorgasali Street, Tbilisi 0114 Tbilisi, Georgia
Tel: +995 32 240 51 36
Fax: n/a
E-mail: btkhelidze@justice.gov.ge
Units for seizure of crime proceeds/instrumentalities
Anti-Corruption Department
Chief Prosecutor’s Office of Georgia
24 Gorgasali Street, 0114 Tbilisi, Georgia
Tel: +995 32 240 51 36
Fax: n/a
E-mail: btkhelidze@justice.gov.ge
Prosecution service
Chief Prosecutor’s Office of Georgia
24 Gorgasali Street, Tbilisi 0114 Tbilisi, Georgia
Phone: +995 32 240 53 44
Fax: n/a
E-mail: presscenter@pog.gov.ge
National contact for Mutual Legal Assistance
Both pre-trial and trial stages:
International Legal Department
Chief Prosecutor’s Office, by delegated authority of the Ministry of Justice of
Georgia
24 Gorgasali Street, 0114 Tbilisi, Georgia
Tel: +995 32 240 51 43
Fax: +995 32 240 51 42
Annex 4: List of Designated Agencies in the GUAM Countries
E-mail: ichilingarashvili@justice.gov.ge
Cybercrime/High-tech crime unit
Division for Combating Cybercrime
Central Criminal Police Department
Ministry of Internal Affairs of Georgia
38 Kakheti Highway, 0135 Tbilisi, Georgia
Tel: +995 32 241 87 59
Fax: +995 32 241 87 76
E-mail: international@mia.gov.ge
24/7 contact point under the Convention on Cybercrime
Division for Combating Cybercrime
Central Criminal Police Department
Ministry of Internal Affairs of Georgia
38 Kakheti Highway, 0135 Tbilisi, Georgia
Tel: +995 32 241 87 59
Fax: +995 32 241 87 76
E-mail: datogabekhadze@mia.gov.ge
Interpol contact point
National Central Bureau of Interpol
Ministry of Internal Affairs of Georgia
38 Kakheti Highway, 0135 Tbilisi, Georgia
Tel: +995 32 241 13 98
Fax: +995 32 241 13 98
E-mail: interpol@mia.gov.ge
Computer Security Incident Response Team (CSIRT)
CERT-GOV-GE
Data Exchange Agency
Ministry of Justice of Georgia
2 St. Nicholas Street, 0102 Tbilisi, Georgia
Tel: +995 32 291 51 40
Fax: +995 32 291 51 40
E-mail: cert@dea.gov.ge
Personal data protection office
Office of the Personal Data Protection Inspector
15 Apakidze Str., 0102 Tbilisi, Georgia
196
Annex 4: List of Designated Agencies in the GUAM Countries
Tel: +995 32 242 10 00
Fax: n/a
E-mail: office@pdp.ge
197
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3
Moldova
Financial Intelligence Unit
Office for Prevention and Fight against Money-laundering
National Anticorruption Centre of the Republic of Moldova
198 Ştefan cel Mare Ave., Chişinău 2004
Republic of Moldova
Tel: +373 22 257 317
Fax: +373 22 257 317
E-mail: spcsb@cna.md
Money-laundering Investigations
Office for Prevention and Fight against Money-laundering
National Anticorruption Centre of the Republic of Moldova
198 Ştefan cel Mare Ave., Chişinău 2004
Republic of Moldova
Tel: +373 22 257 317
Fax: +373 22 257 317
E-mail: spcsb@cna.md
Units for seizure of crime proceeds/instrumentalities
Office for Prevention and Fight against Money-laundering
National Anticorruption Centre of the Republic of Moldova
198 Ştefan cel Mare Ave., Chişinău 2004
Republic of Moldova
Tel: +373 22 257 317
Fax: +373 22 257 317
E-mail: spcsb@cna.md
Prosecution service
Office of the Prosecutor General of the Republic of Moldova
26 Banulescu-Bodoni Street, Chişinău 2005
Republic of Moldova
Phone: +373 212 042, +373 212 348
Fax: n/a
E-mail: proc-gen@gov.md
National contact for Mutual Legal Assistance
Pre-trial:
International Legal Department
198
Annex 4: List of Designated Agencies in the GUAM Countries
199
Prosecutor General’s Office of the Republic of Moldova
26, Metropolit Banulescu-Bodoni St., Chisinau 2005
Republic of Moldova
Tel: +373 22 221 470; + 373 22 225 589; + 373 22 221 335
Fax: + 373 22 221 335
E-mail: proc-gen@gov.md
Trial stage:
International Legal Department
Ministry of Justice of the Republic of Moldova
82 31 August 1989 Street, Chisinau 2012
Republic of Moldova
Tel: + 373 22 201 438; +373 22 201 455
Fax: + 373 22 201 410
E-mail: sirku@justice.gov.md
Cybercrime/High-tech crime unit
Direction of Prevention and Combating of Cybernetic, Information and
Transnational Offences
Ministry of Internal Affairs of Moldova
14 Bucuriei Street, Chisinau 2004
Republic of Moldova
Tel: +373 22 577 216
Fax: n/a
E-mail: Iurdan-ana@mail.ru
24/7 contact point under the Convention on Cybercrime
Direction of Prevention and Combating of Cybernetic, Information and
Transnational Offences
Ministry of Internal Affairs of Moldova
14 Bucuriei Street, Chisinau 2004
Republic of Moldova
Tel: +373 22 577 216
Fax: n/a
E-mail: Iurdan-ana@mail.ru
Interpol contact point
Interpol National Central Bureau
International Police Cooperation Centre
Ministry of Internal Affairs of Moldova
75 Stefan cel Mare Street, Chisinau 2004
Republic of Moldova
Annex 4: List of Designated Agencies in the GUAM Countries
Tel: +373 22 255 404
Fax: n/a
E-mail: igp@mai.gov.md
Computer Security Incident Response Team (CSIRT)
Cyber Security Centre CERT-GOV-MD
Centre of Special Telecommunications
State Chancellery of the Republic of Moldova
1 Piaţa Marii Adunări Naţionale, Chisinau 2033
Republic of Moldova
Tel: +373 22 820 900
Fax: +373 22 250 522
E-mail: info@cert.gov.md
Personal data protection office
National Center for Personal Data Protection
48, Serghei Lazo Str., Chisinau 2004
Republic of Moldova
Tel: +373 22 820 801
Fax: +373 22 820 807
E-mail: centru@datepersonale.md
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4
201
Ukraine
Financial Intelligence Unit
The State Financial Monitoring Service of Ukraine
Ministry of Finance of Ukraine
Biloruska 24, Kyiv 04655, Ukraine
Tel: +380 44 594 16 52
Fax: +380 44 594 16 52
E-mail: sdfm@sdfm.gov.ua
Money-laundering Investigations
General Financial Investigations Division
Ministry of Revenue and Duties of Ukraine
8 Lviv Square, Kiyv 04655, Ukraine
Tel: +38 044 247 34 99
Fax: +38 044 247 36 03
E-mail: Kabmin_doc@minrd.gov.ua
Division for Combating legalisation of the proceeds of organised groups and
criminal organisations
Ministry of Internal Affairs of Ukraine
Bohomoltsa 10, Kiyv 01601, Ukraine
Tel: +380 44 256 03 33
Fax: +380 44 256 16 33
E-mail: n/a
Units for seizure of crime proceeds/instrumentalities
General Financial Investigations Division
Ministry of Revenue and Duties of Ukraine
8 Lviv Square, Kiyv 04655, Ukraine
Tel: +380 44 247 34 99
Fax: +380 44 247 36 03
E-mail: Kabmin_doc@minrd.gov.ua
Prosecution service
Office of the Prosecutor General of the Ukraine
Riznytska 13/15, Kiyv 01011, Ukraine
Phone: +380 44 200 78 49
Fax: n/a
E-mail: jnt@gp.gov.ua
Annex 4: List of Designated Agencies in the GUAM Countries
National contact for Mutual Legal Assistance
Pre-trial:
International Legal Department
Prosecutor General’s Office of Ukraine
Reznitska 13/15, Kyiv 01011, Ukraine
Tel: +380 44 200 78 84
Fax: +380 44 280 28 51
E-mail: indep@gp.gov.ua
Trial stage:
International Department
Ministry of Justice of Ukraine
Horodetskogo 13, Kyiv 01001, Ukraine
Tel: +380 44 279 68 79
Fax: +380 44 270 54 53
E-mail: itex@minjust.gov.ua
Cybercrime/High-tech crime unit
Department for Combating Cybercrime
Ministry of Internal Affairs of Ukraine
Bohomoltsa 10, Kiyv 01601, Ukraine
Tel: +380 44 374 37 13
Fax: +380 44 374 37 00
E-mail: request@cybercrime.gov.ua
24/7 contact point under the Convention on Cybercrime
Department for Combating Cybercrime
Ministry of Internal Affairs of Ukraine
Bohomoltsa 10, Kiyv 01601, Ukraine
Tel: +380 44 374 37 13
Fax: +380 44 374 37 00
E-mail: request@cybercrime.gov.ua
Interpol contact point
Ukrainian Bureau of Interpol
Ministry of Internal Affairs of Ukraine
Bohomoltsa 10, Kiyv 01601, Ukraine
Tel: +380 44 256 12 53
Fax: +380 44 226 20 57
E-mail: interpol@mvs.gov.ua
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Computer Security Incident Response Team (CSIRT)
CERT-UA
State Service of Special Communication and Information Protection of Ukraine
Melnikova 83b, block 2, Kiyv 04119, Ukraine
Tel: +380 44 281 88 25
Fax: +380 44 489 31 33
E-mail: cert@cert.gov.ua
Personal data protection office
State Service of Ukraine on Personal Data Protection
Maryny Raskovoi 15, Kyiv 02660, Ukraine
Tel: +38 044 517 68 00
Fax: +38 044 517 68 00
E-mail: info@zpd.gov.ua
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205
Basic Manual on the Detection
And Investigation of the
Laundering of Crime Proceeds
Using Virtual Currencies
Annex 5
Sample Answers to
Self-Assessment Questions
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206
This annex contains sample answers to the self-assessment questions contained
within the modules of the training course. The sample answers below contain
bullet lists of the key points that should be covered in an answer to that
question.
1
Module 1: Introduction to Virtual Currencies
Question 1: Using the definitions adopted by the FATF, define the terms
“virtual currency”, “electronic money” and “digital currency”, explaining
clearly the difference between each term.
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Definitions below are based on those adopted by the FATF. Other
definitions are possible.
Definition of the term “virtual currency”
“A virtual currency is a digital representation of value that can be traded
on the Internet and functions as (1) a medium of exchange; (2) a unit of
account; and/or (3) a store of value, but does not have legal tender status
in any jurisdiction.”
Clarification of the term “digital representation” in the context of the
above definition.
Definition of the term “electronic money”
“Virtual currency is also distinct from e-money, which is a digital
representation of fiat currency used to electronically transfer value
denominated in fiat currency. E-money is a digital transfer mechanism for
fiat currency – i.e., it electronically transfers value that has legal tender
status.”
Definition of the term “digital currency”
“Digital currency is a digital representation of either virtual currency
(non-fiat) or e-money (fiat).”
Question 2: Describe the characteristics that differentiate a convertible
virtual currency from a non-convertible virtual currency. Provide an
example from each category.
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Definition of convertible/open virtual currency versus nonconvertible/closed virtual currency
Provide examples of convertible and non-convertible virtual currencies
o Convertible: Bitcoin, WebMoney, Second Life Linden Dollars
o Non-convertible: World of Warcraft Gold
Note that secondary trade in non-convertible virtual currencies is also
possible.
Mention the fact that convertible/non-convertible is not a primary
categorisation of virtual currencies for investigative purposes due to the
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207
fact that secondary trade in virtual currencies makes many du jure nonconvertible virtual currencies into de facto convertible virtual currencies.
Question 3: Describe the characteristics that differentiate a centralised
virtual currency from a decentralised virtual currency. Provide an
example from each category.
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Definition of centralised versus decentralised virtual currency.
Briefly describe features of centralised and decentralised virtual
currencies
o Centralised: Central administrating authority controls the
currency
o Decentralised: distributed, open-source, math-based, peer-to-peer
digital currencies with no central monitoring or oversight.
Provide examples of centralised and decentralised virtual currencies
o Centralised: Second Life Linden Dollars, PerfectMoney,
WebMoney and World of Warcraft gold
o Decentralised: Bitcoin, LiteCoin, Ripple
Question 4: When considering virtual currencies it is important to be
aware of the interface between virtual currencies and the traditional
financial system. In this context, discuss the role virtual currency
exchanges play. Focus in particular on the range of possible funding
sources from which virtual currencies can be acquired.
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Trading of fiat currency for virtual currency typically takes place on a
virtual currency exchange.
Many funding sources are possible including other virtual currencies,
bank transfer, money remittance provider, payment card, cash and
Internet payment services such as PayPal.
Other novel models such as paying for virtual currency with SMS (text
messages) also exist.
The lack of regulation of the trade of virtual currencies introduces risks
that virtual currencies do not properly identify the sources of funding
used to acquire the virtual currencies.
Question 5: Aside from virtual currency exchanges, give three examples of
interfaces between the traditional financial system and virtual currencies
that are relevant to the issue of laundering crime proceeds through the
use of virtual currencies.
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Cash
o Cash has always been attractive in the laundering of crime
proceeds.
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o In recent times, the growing popularity of virtual currencies,
particularly Bitcoin, mean that new business models have
emerged.
o For example, Bitcoin ATMs are available in a number of countries.
o Virtual currency exchanges that facilitate trading bitcoins for cash
also exist.
Payment Cards
o Prepaid cards can act as an alternative to a variety of traditional
banking products, including making and receiving payments from
third parties, cross-border remittances, and so on.
o Payment cards can act as a funding source for virtual currencies.
o Prepaid cards can also be designed to provide absolute anonymity.
Money Remittance Providers
o Previous studies have indicated that the use of money remittance
providers is a common technique for laundering crime proceeds,
particularly criminal money derived from cybercrime.
o Money remittance providers could be used in laundering via
virtual currencies through the use of mule accounts.
o There are also virtual currency exchanges that will directly accept
money remittances to fund virtual currency purchases.
Question 6: Explain the reasons why some virtual currencies might be an
attractive payment method for legitimate merchants.
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Once confirmed, Bitcoin transactions are irreversible and therefore there
is no possibility of chargebacks or other fraud losses that are possible
with payment cards.
The fees associated with processing bitcoins are lower than payment
card acquiring fees.
There is a growing ecosystem of merchant support services to assist
businesses to configure and accept Bitcoin payments.
Question 7: Explain what is meant by the term cryptocurrency.
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A cryptocurrency is a virtual currency that relies on the principles of
cryptography to ensure reliability and integrity.
For example, bitcoins are a convertible, decentralised virtual currency,
and also a cryptocurrency.
Cryptocurrencies typically involve management and sharing of a public
ledger of transactions, the integrity and chronological order of the
transactions in the ledger are enforced by cryptography.
Question 8: Describe the operation of the Bitcoin network paying
particular attention to the purpose of “mining”.
Annex 5 : Sample Answers to Self-Assessment Questions
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The Bitcoin network is fundamentally involved with the management
and sharing of a public ledger known as the “block chain”, which contains
every transaction ever performed and is used to verify the validity of
every transaction.
Bitcoin addresses serve as a unique identifying value that is used to
represent ownership of a particular Bitcoin.
For Person A to send money to Person B, they broadcast a message to the
Bitcoin network containing the sender address, the recipient address
(their “receiving address”) and the amount to transfer. Every node in the
Bitcoin network that receives this message will update their copy of the
ledger and then pass along the transaction message to other nodes.
Transactions are assembled into groups, known as blocks, and the blocks
are linked together to form the block chain.
Transactions within a block are considered to have happened at the
same time.
The blocks are ordered by virtue of the fact that each block refers to the
previous block in the chain.
The process of building blocks and appending them to the block chain as
described above is known as mining.
Whoever solves the block and appends it to the block chain receives a
reward of a set number of bitcoins, currently 25.
Every four years the block reward is cut in half until eventually no more
bitcoins will be released.
A total of 21 million bitcoins will be created.
Bitcoins can be subdivided into smaller units called Satoshi.
In addition to the Bitcoin reward, miners also receive a transaction fee
that can optionally be included with transactions.
Most mining is performed not by individuals but rather by organised
groups of miners, known as mining pools. The reward for computing
blocks is divided amongst the members of the pool in proportion to the
amount of computational effort each member provided to the pool.
Question 9: Explain how the Bitcoin network prevents “double spending”
of Bitcoins.
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The Bitcoin network is fundamentally involved with the management
and sharing of a public ledger known as the “block chain”, which contains
every transaction ever performed and is used to verify the validity of
every transaction.
Bitcoin addresses serve as a unique identifying value that is used to
represent ownership of a particular Bitcoin.
Double spending is a big issue in a peer-to-peer networks, like the
Bitcoin network, because there is no guarantee that the order in which
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transactions are received by any particular node in the network
represents the order in which they were created.
The problem can be defined as follows; what prevents Person A creating
a transaction message sending bitcoins to Person B and simultaneously
creating a second transaction message to send bitcoins to someone else,
hence double spending the same bitcoins?
The key technological advance of bitcoins is the technique by which this
issue is resolved.
Transactions are assembled into groups, known as blocks, and the blocks
are linked together to form the block chain.
Transactions within a block are considered to have happened at the
same time.
The blocks are ordered by virtue of the fact that each block refers to the
previous block in the chain.
Transactions that are not already in a block are called unconfirmed
transactions.
Any node in the network can collect a set of unconfirmed transactions,
assemble them into a block and propose them as the next block in the
chain.
The proposed block must contain the solution to a complex mathematical
problem that is computationally difficult to calculate. The Bitcoin
network dynamically adjusts the difficulty of the mathematical problem
so that a new block is added to the chain on average once every ten
minutes.
Although it is unlikely, it may occasionally happen that multiple nodes in
the Bitcoin network may propose blocks at around the same time.
In this case the block chain temporarily branches as different nodes in
the network append different blocks to the block chain.
This situation is resolved when the next block is added to the chain.
The new block will, as mentioned previously, contain a reference to the
previous block in the chain.
It will be therefore be appended to one of the two possible branches in
the block chain. At this point, one of the two branches is longer.
The rule of the Bitcoin network is that nodes must switch to the longest
available branch. The result is that very quickly the block chain will
stabilise and all nodes will agree on all blocks that are a few back from
the end of the chain.
Question 10: Explain how a user of the Bitcoin network proves ownership
of a certain amount of Bitcoins to another user.
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The Bitcoin network is fundamentally involved with the management
and sharing of a public ledger known as the “block chain”, which contains
every transaction ever performed and is used to verify the validity of
every transaction.
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Bitcoin addresses serve as a unique identifying value that is used to
represent ownership of a particular Bitcoin.
In order to construct a valid transaction message to transfer bitcoins, the
sender of the bitcoins must prove that they are the current owner.
Consider a situation where Person A is sending, for example, ten bitcoins
to Person B. Person A must include in the transaction message references
to previous transactions where they received more than the required ten
bitcoins. These are referred to as the “inputs” to the transaction.
Recall that each user of the Bitcoin network maintains a copy of the
ledger (“block chain”) that contains the history of all previous
transactions.
Person B can use the block chain to verify that the bitcoins referenced in
Person A’s transaction message indeed belong to Person A.
Question 11: Describe the correlation between principles of technological
neutrality and the use of virtual currencies for illegal purposes.
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The principle of technological neutrality is one of the cornerstones of ecommerce regulations worldwide. Technological neutrality means that
the technology in question can be used to further both legitimate and
illegal ends, and that the technology in itself is “innocent”. Illegal use of
the technology is a result of human control and actions, and therefore
responsibility lies on individual users, not the technology itself.
Virtual currencies, both centralized and decentralized, represent
technology that can be used for legitimate and illegitimate purposes alike.
Legitimate uses of virtual currencies bring forward benefits for the users
in terms of convenience, while contributing positively to the growth of ecommerce.
Illegal uses of virtual currencies, on the other hand, may involve using
technology for the commission of crimes of fraud and money-laundering
or other offences of a similar nature, as well as for movement and
concealment of illegal proceeds.
Based on the principle of technological neutrality, virtual currencies are
“innocent” of illegal uses performed by individual users, thus ruling out
the logic for prohibition of such technology on account of the possibility
for it to be used in criminal activities.
Question 12: Describe the possible “appeal” of virtual crypto-currencies
for money-laundering purposes.
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In essence, one has to take into account the distinguishing features of
virtual currencies that may be used to facilitate the commission of crime
or concealment of its proceeds.
The focus of this question is on decentralized crypto-currencies, thus
excluding discussion of centralized ones.
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Crypto-currencies operate beyond established financial institutions –
virtual currencies operate without the need to use common, established
and thus thoroughly regulated and monitored channels of financial
transactions, thus providing greater degree of being “off the grid” from
money-laundering oversight institutions;
Crypto-currencies ensure anonymity of transactions – once virtual
currency, e.g. Bitcoin, is assigned to a specific wallet, its further
transactions in the block-chain (a single online ledger of Bitcoin
transactions) can be anonymized and no longer being able to be traced to
individual holders of currency wallets;
Crypto-currencies rely on cryptography – crypto-currencies base their
value on the distributed network of calculations performed by miners in
the solution of a cryptographic problem. This adds another layer of
difficulty for the purposes of tracing and identification of illegal uses of
virtual currencies.
Question 13: What is the difference between cybercrime offences against
confidentiality, integrity and availability of computer systems/data, and
content-related cybercrime offences?
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Cybercrime offences against confidentiality, integrity and availability of
computer systems and data denote the actions directed against normal
operations of computer system or the data such systems operate, and
include the following offences:
o Illegal access;
o illegal interception;
o Data interference;
o System interference; and
o Misuse of devices.
In contrast to offences against confidentiality, integrity and availability of
computer systems and data, content-related cybercrime offences can
mean any criminal offence that is committed with the use of information
technology and/or is greatly facilitated by such technology. One such
example is the computer-related fraud, which denotes traditional fraud
offence elements in conjunction with the use of computer systems and
data.
Question 14: Mention at least two countries that have banned or restricted
the use of Bitcoins, and elaborate on the reasons for such decisions.
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At the moment, China and Canada have moved to ban or restrict,
correspondingly, the use of Bitcoin in their financial/banking systems.
Additional research or interest on the topic may also put Russia and
Denmark on the same list.
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Both of the states noted cite more or less common reasons for
disallowing the use of bitcoins in their financial/banking systems. These
reasons predominantly include the perceived risks of money-laundering,
as well as, to some extent, on the volatility and speculative nature of
crypto-currencies.
Proper conclusion from these two examples is that bitcoins are not
banned in the strict sense of the word, but rather temporarily denied
recognition due to some of the features of virtual currencies that
enhance money-laundering and financial stability risks.
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Module 2: The Challenges Presented by Virtual Currencies
Question 1: Describe threats presented by virtual currencies that make
them an attractive technique for laundering crime proceeds.
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Fast, Irreversible Transactions
o The speed of transactions, in particular, the speed at which funds
can be withdrawn or converted increases the complexity of
monitoring and also adds difficulty when attempting to freeze
funds.
o The extent to which transactions can be reversed depends on the
particular virtual currency being considered. Bitcoin transactions,
for example, cannot be reversed.
Anonymity by Design
o Primarily a problem with decentralised virtual currencies,
although not all decentralised virtual currencies are designed for
anonymity.
o The details of transactions are available but details associating
transactions with real-world identities are not.
o For centralised virtual currencies, it might be possible to recover
details of parties to a transaction from either virtual currency
exchanges of central administering authorities.
Inadequate Transaction Records
o Central administering authorities and virtual currency exchanges
may retain transaction and customer records.
o However there is typically no regulatory obligation on the
exchanges and administrating authorities to retain such records,
therefore the quality and accuracy of these records will vary.
o Both intentionally poor record keeping and unintentionally poor
record keeping are possible.
Identifying that Virtual Currencies Have Been Used
o Virtual currencies are relatively obscure (relative to cash,
payment cards, etc.)
o Therefore, knowing that virtual currencies have even been used
can present a challenge.
o Further, an appropriate legal basis for the detection of laundering
funds through virtual currencies must also be available.
Complex/Obfuscated Transaction Patterns
o Virtual currency accounts can be effectively dissociated from realworld identities.
o It is also possible for an individual to create a large volume of
accounts.
o These facts can be used to facilitate novel, complex layering
transaction patterns.
No funding limits
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o In centralised virtual currencies, the administrating authorities
may introduce funding limits, but these are typically a fraud
management measure.
o With decentralised virtual currencies there are typically no
funding limits.
Question 2: In the context of virtual currencies, discuss how criminals
exploit the non-face-to-face nature of virtual currencies to launder crime
proceeds.
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Most involvement with virtual currencies involves minimal, or zero, faceto-face contact. This can give rise to situations where the virtual
currencies can be abused by criminals to launder crime proceeds.
One category of exploitation that can take place involves the scenario
where criminals gain control of the accounts of legitimate users and
perform transactions.
Two distinct cases where this is reported to take place:
“In a number of cases NPM products were used to launder illicit proceeds
gained from fraud following identity theft or from stealing money from
bank accounts or credit/debit cards using computer hacking or phishing
methods. Since the bank accounts or credit and debit cards were held in the
names of legitimate customers, the criminals were able to use them as
reference accounts for the funding of prepaid cards or IPS accounts. In such
instances, the NPM providers could not detect that the transactions were
actually not initiated by their legitimate customer, or detect any other
suspicious activity.”
“In other cases, stolen or fake identities were used to create NPM accounts
which were also used as transit accounts in the laundering of illegal
proceeds, or to commit both criminal activities (e.g. fraud) and money
laundering at the same time.”
The second category of exploitation of the non-face-to-face nature of
NPM accounts revolves around the exploitation of the anonymous nature
of some of these services.
“In some jurisdictions e-money payment services can be used anonymously.
It should also be noted that e-money circulates outside banks and, as such,
outside the bank supervision system. Banks serve as agents, letting the
money in or out of the e-payment systems, and in certain cases – as
“issuers”/emitters of e-money.”
Question 3: Describe how the regulatory and supervisory challenges
relating to the administrating authorities of centralised virtual currencies
present risks of laundering.
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The requirement for financial institutions to be regulated for compliance
to anti-money-laundering best practice is well understood.
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By the definition used by the FATF, centralised virtual currency
providers fall within the definition of financial institutions.
In the case of decentralised virtual currencies, there is no financial
institution providing a money or value transfer service. Nevertheless a
value transfer service exists.
An appropriate legislative basis for regulation of virtual currencies is
required.
As well as this, implementing supervisory oversight, particularly of
decentralised virtual currencies, presents some significant practical
challenges.
Question 4: List investigative challenges presented by virtual currencies
and discuss possible ways in which those investigative challenges can be
addressed.
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Lack of Knowledge
o Limited awareness among investigators and prosecutors of the
existence and capabilities of virtual currencies as well as the tools
and techniques to effectively perform investigations involving
virtual currencies.
Reliance on Electronic Evidence
o Most evidence relating to virtual currencies is likely to be
electronic.
o Electronic evidence must be appropriately managed and it must
be authentic, admissible and relevant.
o It can be difficult to trace electronic evidence, requiring specialist
tools and expertise to gather and analyse.
o Electronic evidence can be highly volatile.
o Electronic evidence is particularly susceptible to alteration and
therefore requires specialist techniques of preservation.
o Electronic evidence may be copied which may present challenges
in court in terms of positioning evidence as authentic.
Legislative Loopholes
o A major legislative loophole in the case of virtual currencies is the
lack of regulation and directly applicable laws.
o Appropriate legislation to support the admissibility of electronic
evidence must also be in place.
Regulatory/Supervisory Challenges
o The requirement for financial institutions to be regulated for
compliance to anti-money-laundering best practice is well
understood.
o By the definition used by the FATF, centralised virtual currency
providers fall within the definition of financial institutions.
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o In the case of decentralised virtual currencies, there is no financial
institution providing a money or value transfer service.
Nevertheless a value transfer service exists.
o An appropriate legislative basis for regulation of virtual
currencies is required.
o As well as this, implementing supervisory oversight, particularly
of decentralised virtual currencies, presents some significant
practical challenges.
Prosecution and Adjudication of Offences
o Appropriate gathering and management of electronic evidence.
o Proper understanding of judges in criminal proceedings.
National Cooperation Issues
o Due to the unregulated nature of virtual currencies, offences that
involve or are predicate to their illegal use can often lead to
unclear or competing investigative jurisdictions of several
agencies.
o National cooperation is important for crime intelligence as well as
prosecution offences that use or are committed against
information technology.
o The primary partners are law enforcement and FIUs, cybercrime
units and financial investigators.
o The primary challenge for such cooperation is that often criminal
and financial investigators belong to different institutions in
countries and use different methods for detection and
investigation of offences. Financial investigators often rely on
methods of criminal and intelligence and investigation techniques
applicable to traditional, tangible forms of evidence. Cybercrime
investigators are typically much more experienced dealing with
electronic evidence.
o There are increasing instances of cooperation between
cybercrime units and national Computer Security Incident
Response Teams (CSIRTs). CSIRTs are key groups that are
instrumental in protection of national critical information
infrastructures.
o Public-private cooperation is also important at a national level.
The cooperation with Internet Service Providers are a primary
source of subscriber information, traffic data and other important
electronic evidence in virtual currency investigations. Financial
sector institutions are also important sources of evidence.
o Challenges to public-private cooperation include legal obstacles
(confidentiality of user data, lack of legal mechanisms for
preservation or retention of data) and practical obstacles
(unwillingness to cooperate with state authorities due to lack of
agreements/memoranda, costs of specialised equipment for
preservation or retention).
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International Cooperation Issues
o Transnational nature of cybercrime, and virtual currencies in
particular, are a distinguishing feature of these types of crimes.
o International cooperation is often severely dependent on the
availability and expediency of international cooperation between
investigative agencies and criminal justice institutions of
respective jurisdictions.
o International cooperation is typically far more formalised than
national cooperation modalities.
o The lack of regulation of virtual currencies in various jurisdictions
presents a challenge to international cooperation.
o The length of time and complexity of the procedure of
international cooperation, such as Mutual Legal Assistance (MLA)
or other similar judicial proceedings also present a challenge,
particularly considering the volatile nature of electronic evidence.
o Similar challenges are relevant in the context of police-to-police
cooperation. Several cooperation mechanisms are available (e.g.
24/7 contact points, INTERPOL contact points, G8 Network), such
cooperation mechanisms are often under-utilised due to lack of
knowledge of law enforcement or supervisory/regulatory
authorities.
o In terms of public-private cooperation, foreign companies may
hold data that is relevant to investigations. Examples include
social networks, email providers and so on. Particularly
challenging in this respect is legally binding cooperation with
parent companies of foreign origin. Some of the important data
may be directly processed and/or held by a parent company or
another entity in a different jurisdiction.
Question 5: List some specific features of electronic evidence that
distinguish it from physical (traditional) evidence.
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Difficult traceability, that is, it is difficult to find and trace unless there is
specialized knowledge of where to find such data within the specific
systems and what other data may be connected to it;
Necessity for specialist insight, meaning that specialized expert
knowledge and experience is required to secure and extract information
found in computer system, as well as knowledge of finance, taxation
and/or money-laundering techniques and practices relevant in the
context of virtual currency investigations;
High volatility of evidence, so that existing data may be destroyed or
rendered inaccessible in the standard course of operation of computer
systems;
Susceptibility to alteration, meaning that computer systems and devices
constantly change and update the data through automatic procedures or
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manual interference, therefore requiring understating of the temporal
limitations and states of electronic evidence at different periods of time;
Unlimited copying, that is, there are, as such, no copies of digital
information - each copy is a precise, flawless copy of the original, making
authenticity of electronic evidence difficult to prove.
Question 6: What are the legal grounds for admissibility of electronic
evidence in criminal cases in your country?
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The answer would depend on a specific country in context, but at least
one of the following would be applicable:
o Electronic evidence is recognized as a separate category or type of
evidence that can be directly admissible in criminal proceedings,
without additional requirements compared to traditional
evidence;
o Electronic evidence can be introduced as admissible evidence in
the form of the electronic document, provided that every country
recognizes the admissibility of documents in the proceedings;
o Electronic evidence is admissible on the account of being
“information” that is also generally admissible in criminal
proceedings.
Question 7: Describe the concept of discretionary prosecution and its
applicability for investigations involving virtual currency.
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Discretionary prosecution is a concept that allows the prosecutor to
dismiss charges in a specific criminal case due to the lack of public
interest to press forward with the case. Such considerations may be
manifold, including financial issues, age of the defendant, positions of the
victim, gravity of the crime, or any other factor that helps to divert the
offender from the criminal justice system.
In many cases, there are alternatives to criminal prosecution that will be
binding for the offender following such decisions – e.g. mediation with
the victim, compensations of crime costs, obligation to undertake drug
abuse treatment, etc.
In virtual currency offences, there is often an element of cybercrime that
may prove problematic for pursuing prosecution since cybercrime
offences are usually less grave and there are legitimate grounds for the
prosecutor to divert the offender from the criminal justice system.
In order to address this, the charges of money-laundering – a more
serious offence – should be pursued instead of focusing on cybercrime,
thus negating the grounds for prosecutorial discretion.
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Question 8: Explain the benefits that law enforcement can potentially reap
from cooperation with financial intelligence units.
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Access to up-to-date knowledge and experience with money-laundering
techniques and practices (general expertise);
Use of FIU staff as experts in cases involving money-laundering by means
of virtual currencies (specialized expertise);
Access to intelligence information such as suspicious transaction reports
(STRs);
Sharing of knowledge of cybercrime offences in the financial sector and
thus enhancing understanding of issues in view of cooperation.
Question 9: Provide a list of international police-to-police cooperation
mechanisms that can be used in investigations involving virtual currencies.
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24/7 points of contact under the Budapest Convention on Cybercrime
are primary contacts in cases of cybercrime and offer direct assistance
with preservations requests and other investigative actions on the
request of similar contacts from other countries.
G8 Network of high-tech crime units is open to all states beyond G7+
countries themselves and has responsibilities similar to 24/7 points of
contact.
Interpol contact points can be used for police-to-police cooperation for
any criminal offences where there are no specialized contact points or
the bilateral agreements allow for more efficient cooperation through
such channels.
Question 10: What trends are likely to influence the use of virtual
currencies as a technique for laundering crime proceeds?
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Increasing Number of Virtual Currencies
o Since their inception, there have been an increasing number of
virtual currencies.
o The first cryptocurrency (Bitcoin) was established in 2009. In
2014 there are a total of 12 popular cryptocurrencies.
o There is no reason to believe that other role-playing
games/virtual worlds will not develop in-world (non-convertible)
virtual currencies.
o Large merchants (e.g. amazon.com) have begun introducing
virtual currencies for in-app payments and purchasing other
items on their websites.
Increasing Availability of Virtual Currencies
o With increasing availability of virtual currencies, an increasing
number of business models, involving an increasing number of
funding sources, will become available.
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o There are no inherent geographical limitations on the acquisition
of any convertible virtual currency, once the anti-fraud
requirements of the administering authority or virtual currency
exchange are satisfied.
Growing Complexity of Laundering Schemes
o The dissociation of virtual currency accounts from real-world
identities, combined with the ability of an individual to create an
arbitrary number of accounts means that novel, complex layering
transaction patterns are possible.
o Virtual currencies can therefore act as an enabler for the creation
of new laundering methodologies.
Increasing Regulation of Virtual Currencies
o Centralised administrators of virtual currencies and virtual
currency exchanges may be regulated as financial institutions
offering value transfer services.
o It is expected that the trend towards increased regulation of these
types of virtual currency providers will continue.
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Module 3: Detection and Investigation of Laundering Crime
Proceeds Through Virtual Currencies
Question 1: Describe, from the perspective of substantive criminal law,
interrelation between money-laundering and cybercrime in cases where
virtual currencies are used.
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Predicate offences: cybercrime offices of illegal access, data interception,
computer-related fraud or other, similar offences can generate illegal
profits from criminal activities, and such proceeds may require
concealment and laundering.
Auxiliary offences: cybercrime offences against computer systems and
data facilitate money-laundering by creating favourable conditions for
concealment of proceeds or their conversions into legitimate money,
especially in cases where security of virtual currency wallets is
compromised.
Standalone offences: cybercrime offences against the proper operation of
systems or data involved in the transaction of virtual currencies may be
indicative of preparation of money-laundering offences, since hacked or
infected systems can be vulnerable to misuse as money-laundering tools.
Question 2: What can be an example of an offence of illegal access in
relation to virtual currencies?
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Illegal access to computer systems and data means unauthorized entry
into the whole or any part of a computer system (hardware, components,
stored data of the system installed, directories, traffic and contentrelated data), irrespective of the type of connection and method of
communication. In the context of virtual currencies, such hacking
offences may include the following targets:
o Database of central administrating entity that manages accounts
of game users as well as their transactions;
o Bitcoin wallets or other forms of storage where currency may be
stored;
o Server infrastructure of the currency exchange with a view to
gaining control of the exchange’s transaction data.
Question 3: Describe how use of online anonymizers (proxies) can be used
as an element of crime in data interference offences, when such offences
compromise the personal data of virtual currency users.

The offence of data interference implies unauthorized acts of
manipulation of data, such as damaging, deletion, deterioration,
alteration or suppression of computer data.
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The use of anonymizers or proxies, or any other solution that enhances
anonymity, can be deemed as unauthorized action that aims to conceal
the identity of the potential offender.
Use of additional online anonymity tools beyond the technology of
virtual currencies itself, in order to further enhance anonymity of
decentralized virtual currency users, may be brought forward as an
element of offence of data interference – in particular, as a proof of intent.
Question 4: Explain how the use of decentralized virtual currencies could
be used to prove an element of “layering” in money-laundering charges?
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Layering, in terms of money-laundering, consists of a series of
transactions designed to conceal the origin of the funds obtained from
criminal activity.
In the process of layering, the essential features of virtual currency, such
as anonymity and difficult traceability of transactions, can be brought
forward as an element of money-laundering offence in order to prove the
deliberate choice of this alterative exactly for these features.
In money-laundering prosecutions, focus on layering in terms of virtual
currency use can be made a central argument for the proof of intent.
Question 5: Explain possible correlations between computer-related fraud
and money-laundering through the use of virtual currencies.
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The offence of computer-related fraud is an assimilative offence that
tailors traditional fraud offences to the environment of information and
communications technology. In this respect, computer-related fraud has
limited relevance in the context of money-laundering offences through
the use of virtual currencies:
o Computer-related fraud may be a predicate offence, where
proceeds generated from fraudulent activity on the Internet can
be converted into virtual currencies for the proposes of
laundering;
o Computer-related fraud may be an auxiliary offence that
facilitates commission of money-laundering offences through
manipulation of virtual currency users’ data;
o Users of virtual currency accounts or wallets may be fraudulently
led into activities that constitute money-laundering.
Question 6: Which CSIRT data can be used for financial investigators in
money-laundering cases involving virtual currencies?
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Computer incident reporting established by CSIRTs either through local
sensor network or international databases, with the special focus on the
traffic of financial sector institutions;
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Data on malware that is specifically targeted toward identity theft or
breaches of privacy of financial information, including instances where
traces of traffic generated by such malware include data or software
used for management of centralized or decentralized virtual currencies;
General intelligence information about hacker community and threats in
national cyberspace, advanced intelligence about cybercrime rings,
forums and other crime-related information exchange platforms.
Question 7: What is the legal basis and requirements for the interception
of content data in cases involving virtual currencies?

Interception of content data aims to assimilate traditional options for the
collection of content data in respect of telecommunications (e.g.,
telephone conversations) into the environment of information
technology. Therefore, in essence, the same requirements applicable to
traditional interception/wiretapping powers should be listed in this
regard:
o Ongoing investigation into serious crime that may involve the use
of virtual currencies;
o Judicial order for the interception of data;
o Prosecutorial oversight over the process.
Question 8: Explain procedural differences (in terms of law and practice)
between expedited preservation of stored computer data versus search
and seizure of computer data.
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Preservation of stored computer data allows for expeditious
preservation of specified computer data, in particular where there are
grounds to believe that the computer data is particularly vulnerable to
loss or modification. Its defining features are:
o It is a measure that is less intrusive into the private life of
individuals;
o Preserved data are retained under ownership and control of the
owner, with the requirement that such data may not be adversely
modified;
o Confidentiality required for the holders of data with regard to
existence and execution of the preservation order;
o No specific requirements for specialized knowledge in order to
request and effect preservation.
Search and seizure procedures for computer data (i.e., electronic
evidence) are, in essence, assimilative provisions that aim to harmonize
already existing criminal procedural law powers for search and seizure
of tangible objects, in terms of their application to computer systems and
data. There are, however, some distinctive features in contrast to
preservation of stored computer data:
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o Greater invasion of privacy of an individual/business entity
whose premises are being searched;
o Search and seizure are not performed confidentially and usually
require attendance of person/representative of the entity
searched;
o Data, objects and generally evidence are removed from the
control of the owner into the custody of the state;
o Search and seizure of electronic evidence requires specialist
knowledge in order to ensure integrity of seized evidence.
Question 9: Name at least three elements of the chain of custody of
electronic evidence.
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Data integrity, so that computer data should be always kept from
possible modifications by the use of techniques and methods (such as
access only in “read mode”, examination of a digital copy and not
“original” evidence, imaging or recording of handling, etc.) that ensure
maintaining authenticity of data.
Audit trail, meaning that handling of the electronic evidence should be
properly documented by use of standard checklists, reports, photos,
records, notes from the crime scene and other formal paperwork
requirements in order to prove authenticity of electronic evidence.
Computer forensics specialist support is an important, albeit not overly
mandatory, requirement that is conditioned by highly technical nature of
computer environment, as well as high degree of specialization required
for proper processing of certain types of electronic evidence.
Legality of evidence, meaning that only the data that is relevant to the
purposes of investigation is extracted and secured, and other personal
data of confidential nature is sorted out and not processed without
proper authorization; where such data may be necessary, court orders
preserving such data may be necessary to further proceed with analysis
of information.
Question 10: Describe national institutions whose expert capacity might
be useful in virtual currency-related investigations.
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Computer Security Incident Response Teams (CSIRTs) can be used as
experts for malware and network analysis in cases where virtual
currencies are used.
Financial Intelligence Units (FIUs) can be brought in for advanced
expertise on financial crimes and money-laundering techniques, and as
intelligence experts with knowledge of handling suspicious transactions.
High-tech crime / cybercrime units usually have expert capacity in terms
of procedural actions aimed at criminal intelligence in cybercrime-
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related cases (preservation, interception, monitoring), as well as firstresponse electronic evidence handling and analysis.
Central expert institutions within countries may be requested to provide
expert examinations and produce reports on electronic evidence based
on their qualifications and technical capabilities.
Private sector expertise may be sought in cases where highly specialized
expertise is required for processing of specific types of evidence (e.g.
energy management systems or mobile communications).
Question 11: Describe investigative indicators that may suggest the use of
virtual currencies for the purposes of laundering crime proceeds.
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The use of financial red flags/indicators
o None specifically relating to virtual currencies available but ones
that are applicable in more general cases of laundering crime
proceeds on the Internet are also applicable in cases of virtual
currencies.
o Refer to and discuss red flags from FATF “Money-laundering
Using New Payment Methods”.
o Refer to and discuss red flags from Council of Europe “Criminal
Money Flows on the Internet”
The presence of software associated with the use of virtual currencies
o Bitcoin wallets
o Software associated with the use of other virtual currencies
o Software for accessing virtual worlds
Browsing history containing virtual currency related websites
Remote storage services (e.g. dropbox)
o Can be used for storage of virtual currency and/or credentials
Credential storage software
o Can be used for storage of virtual currency and/or credentials
Virtual machines
o May be used to conceal the use of virtual currencies in a virtual
environment
o Many virtual machine environments support encryption of virtual
machine hard drives
Mobile devices
o Much virtual currency software that is available for PCs is also
available for mobile devices
o Browsing history indicating the use of virtual currencies may also
be found on mobile devices
Question 12: Discuss the types of evidence that may be gathered through
forensic analysis of a suspect’s computer that may provide information
about the laundering of crime proceeds through virtual currencies.
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There may be evidence in the form of credentials, visits to websites,
emails, etc. that establish the suspect’s relationship with a virtual
currency administrator or virtual currency exchange.
It may be possible to gather evidence to demonstrate a suspect’s
possession of particular virtual currency value.
In the case of Bitcoin, it may be possible to identify particular Bitcoin
addresses that are in the control of the suspect. Bitcoin addresses can
subsequently be investigated to determine from which other addresses
value was transferred to the suspect address and to which other
addresses value was transferred by the suspect address.
The IP address of the computer at a particular time may be associated
with known suspect transactions or other financial activity.
Evidence of the use of remote storage services, upon which virtual
currency value may be stored.
Passwords or other credentials that may be used to unlock virtual
currency accounts or value.
Question 13: Describe the information that may be available from virtual
currency central administering authorities and/or virtual currency
exchanges and the available options for gathering this information.
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Subscriber and transaction information as well as communication with
the suspect may be available from virtual currency central
administrating authorities and/or currency exchanges.
Options for gathering information
o Direct contact with administrating authorities based on terms of
service or privacy policy.
o Police-to-police cooperation via local law enforcement.
o Mutual legal assistance
Question 14: Discuss how public-private partnership can be an effective
countermeasure against the laundering of crime proceeds using virtual
currencies. Use a case study to illustrate the points made.
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Has been highlighted as the single measure with arguably the strongest
impact on the prevention and control of criminal money flows on the
Internet.
Most initiatives relate to national cooperation and information exchange.
A complex issue depending on which aspect of the public sector, which
aspect of the private sector and what nature of cooperation is being
considered.
National private sector organisations can offer important information to
investigations. Examples are financial institutions, ISPs, telecoms
providers.
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Internationally information may be available from large multinational
service providers. Examples are social networks, web-based email
providers, etc.
Question 15: Discuss how inter-agency cooperation (public-public
cooperation) can be an effective countermeasure against the laundering of
crime proceeds using virtual currencies. Use a case study to illustrate the
points made.
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Interagency cooperation may be formal or informal.
Formal arrangements involve permanent infrastructure or arrangements
(e.g. MOU) to facilitate the cooperation.
Informal arrangements also frequently exist in practice between various
agencies.
Some examples of ways in which countries have implemented interagency cooperation are:
 Drawing together of expertise from multiple agencies to identify
investigative challenges.
 Analyse representative cases by carrying out checks with national
police authorities.
 Describe enforcement approaches from the view of the police and the
supervisory authority.
 Establishing information sharing systems whereby agencies can be
made aware of previous or on-going investigations into the same
person and/or legal entities. This helps to avoid replication, and
promote cross-fertilisation.
 Establishing policies and procedures that promote the sharing of
information/intelligence.
 Establishing a process whereby disputes are resolved in the best
interest of the investigation.
 Competent authorities establishing written agreements such as
Memoranda of Understanding or similar to formalise these processes.
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Module 4: Seizure of Virtual Currencies
Question 1: What are the differences between crime proceeds and
instrumentalities?
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Crime proceeds means any property derived from or obtained, directly
or indirectly, through the commission of an offence. Such proceeds may
consist of any type of property, whether corporeal or incorporeal,
movable or immovable, and legal documents or documents that give title
to or interest in such property;
Instrumentalities means any property used or intended to be used, in
any manner, wholly or in part, to commit any criminal offence(s).
Virtual currencies can be both the proceeds and instrumentalities of
crime, especially in cases involving money-laundering.
Question 2: What are the differences between freezing and seizure of
crime proceeds and instrumentalities?
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Freezing of crime proceeds and instrumentalities means temporarily
prohibiting transfer, conversion, disposition or movement of property,
while still retaining the property in question under the owner’s legal and
effective control.
Seizure of proceeds or instrumentalities of crime is also a prohibition of
the transfer, conversion, disposition or movement of property on the
basis of an action initiated by a competent authority or a court that
allows such authorities to take control of specified property.
Although seized property remains the property of the natural or legal
person(s) that holds an interest in the specified property at the time of
the seizure, the competent authority or court will often take over
possession, administration or management of the seized property.
Question 3: Describe the need for expert assistance for identification and
seizure of crime proceeds and instrumentalities.
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Securing proceeds and instrumentalities of crime requires specialist
knowledge, and the context of virtual currencies may require even
further specialization that may not be available within law enforcement
itself.
Formal financial expert examinations and reports of such examinations
may be necessary to be used for effecting seizure of crime proceeds and
instrumentalities.
Expert involvement is particularly relevant where investigative actions
for securing proceeds/instrumentalities of crime require judicial
approval.
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Question 4: Explain how applicable jurisdiction will be determined in
international investigations of decentralized virtual currencies as crime
proceeds?
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Decentralized virtual currencies constitute transactions between
individual users’ wallets.
Territorial jurisdiction over proceeds or instrumentalities of crime in the
case of decentralized crypto-currencies will be tied to the location of the
wallet: that is, physical location of the hardware where the wallet
containing the virtual currency resides. This is going to be the
jurisdiction for the purposes of freezing, seizure and confiscation of the
crime proceeds and instrumentalities.
Determining the location of the virtual currency wallet is a subject of
investigative and intelligence actions that would point at least to the
jurisdiction in which relevant hardware is located.
Question 5: List at least two “red flags” for the tracing of crime proceeds
involving virtual currency exchanges.
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Large number of bank accounts held by the same virtual currency
exchange company (sometimes in different countries) apparently used
as flow-through accounts (may be indicative of layering activity).
Virtual currency exchange company located in one country but holding
accounts in other countries (unexplained business rationale which could
be suspicious).
Back and forth movement of funds between bank accounts held by
different virtual currency exchange companies located in different
countries (may be indicative of layering activity as it does not fit the
business model).
The volume and frequency of cash transactions (sometimes structured
below reporting threshold) conducted by the owner of virtual currency
exchange company do not make economic sense.
Question 6: Explain the relevance of suspicious transaction reports (STRs)
for identification of crime proceeds or instrumentalities in the context of
virtual currencies.
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Suspicious transaction reports (STRs) are primary tools for financial
intelligence used by financial intelligence units.
Availability and value of STRs from central administrators will be usually
linked with the degree of state regulation on virtual currencies and
where such entities are obliged to file STRs to a national FIU.
In cases of decentralized crypto-currencies, STRs that focus on virtual
currency exchanges would be particularly useful source of intelligence in
financial investigations of proceeds and instrumentalities of crime.
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Particularly relevant are STRs that target “red-flagged” transactions or
currency exchanges.
Question 7: Describe the process of seizure (taking control) of
decentralized virtual currency.
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The viable option for taking control over virtual currencies is using
regular transaction mechanisms to transfer the currency to the account
(wallet) of the law enforcement authority, which would take the
following steps:
Determining the amount of virtual currency items, wallets or both to be
seized;
Securing suspect’s cooperation or exercising control over the wallet
through other means permitted by law, so that the required sum can be
transferred to a government-controlled wallet, pending liquidation upon
forfeiture;
Confirmation of receipt duly recorded; or
Where cooperation or exercising control over the wallet is not viable:
o Determine the value of virtual currency to be seized in local
currency based on exchange rate;
o Apply value-based recovery procedures.
Value-base recovery can be used from the initial steps, in cases where
direct seizure and control of virtual currency is not viable due to either
to security or asset management considerations.
Question 8: List at least two modalities for international cooperation in
financial investigations.
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Cooperation through dedicated international cooperation networks
targeting proceeds of crime, such as the Camden Asset Recovery InterAgency Network (CARIN), the Stolen Asset Recovery Initiative (StAR), or
more specialized networks for asset recovery such as the Global Focal
Point Network on Asset Recovery.
Use of police-to-police cooperation modalities, especially 24/7 contact
points under the Convention on Cybercrime, G8 Network High Tech
Crime Units or Interpol contacts, who can provide intelligence, execute
preservation and carry out other investigative requests directly, without
the need for lengthy mutual legal assistance procedures.
Contact with foreign FIUs requesting access to STRs or other intelligence
information or analysis through the national FIU with the use of the
Egmont Secure Web or other, bilateral modalities.
Engagement in formal procedures with central authority (Prosecutor’s
Office) for transmitting mutual legal assistance requests to foreign
jurisdictions.